1​ MINNESOTA STATUTES 2020​

CHAPTER 171​ DRIVERS' LICENSES AND TRAINING SCHOOLS​

171.01​ DEFINITIONS.​ 171.161​ COMMERCIAL DRIVER'S LICENSE; FEDERAL​ DRIVERS' LICENSES​ CONFORMITY.​ 171.015​ DRIVER'S LICENSE DIVISION.​ 171.162​ COMMERCIAL DRIVER'S LICENSE, REQUIRED​ RECORDS.​ 171.017​ BACKGROUND INVESTIGATIONS; DRIVER'S​ LICENSE AGENTS AND CERTAIN EMPLOYEES.​ 171.163​ COMMERCIAL DRIVER'S LICENSE RECORD​ KEEPING.​ 171.019​ REAL ID ACT CONFORMITY; LIMITATIONS.​ 171.165​ COMMERCIAL DRIVER'S LICENSE,​ 171.02​ LICENSES; TYPES, ENDORSEMENTS,​ DISQUALIFICATION.​ RESTRICTIONS.​ 171.166​ REVIEW OF DISQUALIFICATION.​ 171.03​ PERSONS EXEMPT.​ 171.167​ NOTICE TO COMMERCIAL DRIVER'S LICENSE​ 171.04​ PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.​ INFORMATION SYSTEM.​ 171.041​ RESTRICTED LICENSE FOR FARM WORK.​ 171.168​ NOTICE OF VIOLATION BY COMMERCIAL​ 171.042​ DRIVER'S LICENSE FOR MEDICAL REASON.​ DRIVER.​ 171.043​ NOTICE OF PERSONS UNDER DRIVER'S LICENSE​ 171.169​ NOTICE OF COMMERCIAL LICENSE SUSPENSION.​ CANCELLATION.​ 171.17​ REVOCATION.​ 171.05​ INSTRUCTION PERMIT.​ 171.171​ SUSPENSION; ILLEGAL PURCHASE OF ALCOHOL​ 171.055​ PROVISIONAL LICENSE.​ OR TOBACCO.​ 171.06​ APPLICATION FOR LICENSE, PERMIT,​ 171.172​ REVOCATION; CONTROLLED SUBSTANCE​ IDENTIFICATION CARD; FEES.​ OFFENSE.​ 171.0605​ EVIDENCE OF IDENTITY AND LAWFUL​ 171.173​ SUSPENSION; UNDERAGE DRINKING OFFENSE.​ PRESENCE.​ 171.174​ REVOCATION; FLEEING PEACE OFFICER​ 171.061​ DRIVER'S LICENSE AGENT.​ OFFENSE.​ 171.066​ ENHANCED DRIVER'S LICENSE FOR​ 171.175​ SUSPENSION; THEFT OF MOTOR FUEL OFFENSE.​ EMPLOYMENT.​ 171.176​ REVOCATION OR SUSPENSION; SCHOOL​ 171.068​ ENHANCED IDENTIFICATION CARD FOR​ ATTENDANCE.​ EMPLOYMENT.​ 171.177​ REVOCATION; PURSUANT TO SEARCH​ 171.07​ INFORMATION ON LICENSE AND​ WARRANT.​ IDENTIFICATION CARD.​ 171.18​ SUSPENSION.​ 171.0701​ DRIVER EDUCATION CONTENT.​ 171.181​ RESIDENT DRIVING PRIVILEGE.​ 171.0705​ DRIVER'S MANUAL.​ 171.182​ SUSPENSION; UNINSURED VEHICLE.​ 171.071​ PHOTOGRAPH ON LICENSE OR IDENTIFICATION​ 171.183​ SATISFACTION OF JUDGMENT.​ CARD.​ 171.184​ INSTALLMENT PAYMENTS.​ 171.072​ TRIBAL IDENTIFICATION CARD.​ 171.186​ SUSPENSION FOR NONPAYMENT OF SUPPORT;​ 171.075​ ANATOMICAL GIFTS.​ LIMITED LICENSE.​ 171.08​ LICENSEE TO HAVE LICENSE IN POSSESSION.​ 171.187​ SUSPENSION; CRIMINAL VEHICULAR OPERATION​ AND MANSLAUGHTER.​ 171.09​ DRIVING RESTRICTIONS; AUTHORITY,​ VIOLATIONS.​ 171.19​ PETITION FOR COURT HEARING ON LICENSE​ REINSTATEMENT.​ 171.10​ DUPLICATE LICENSE; VEHICLE ENDORSEMENT.​ 171.20​ MINNESOTA LICENSE REQUIRED; CONDITIONS,​ 171.11​ DUPLICATE LICENSE; CHANGE OF DOMICILE OR​ FEES.​ NAME.​ 171.21​ COPY OF RECORD AS EVIDENCE.​ 171.12​ DRIVING RECORD; FILING; PRIVATE DATA.​ 171.22​ UNLAWFUL ACTS RELATING TO DRIVER'S​ 171.121​ USE OF ANOTHER'S RESIDENCE ADDRESS.​ LICENSE.​ 171.122​ ENHANCED DRIVERS' LICENSES AND​ 171.23​ RENTING VEHICLE TO UNLICENSED DRIVER.​ IDENTIFICATION CARDS; LIMITATION.​ 171.24​ VIOLATIONS; DRIVING WITHOUT VALID​ 171.13​ EXAMINATION.​ LICENSE.​ 171.131​ PHYSICIAN REPORTING TO COMMISSIONER.​ 171.2405​ LICENSE REINSTATEMENT DIVERSION​ 171.14​ CANCELLATION.​ PROGRAM.​ 171.15​ NONRESIDENT'S DRIVING PRIVILEGE.​ 171.241​ CHAPTER VIOLATIONS; MISDEMEANORS.​ 171.16​ COURT MAY RECOMMEND SUSPENSION.​ 171.25​ ENFORCEMENT; DELEGATION OF AUTHORITY.​

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171.26​ MONEY CREDITED TO FUNDS.​ DRIVER TRAINING SCHOOLS​ MISCELLANEOUS​ 171.33​ DRIVER TRAINING SCHOOL; DEFINITIONS.​ 171.27​ EXPIRATION OF LICENSE; MILITARY EXCEPTION.​ 171.335​ MOTORCYCLE SAFETY EDUCATION PROGRAM.​ 171.29​ REVOKED LICENSE; CONDITIONS FOR​ 171.34​ LICENSE FOR SCHOOL REQUIRED.​ REINSTATEMENT.​ 171.35​ LICENSE FOR INSTRUCTOR REQUIRED.​ 171.30​ LIMITED LICENSE.​ 171.36​ LICENSE FEES; RENEWAL.​ 171.302​ LICENSE VIOLATIONS; CONSECUTIVE​ 171.37​ INSPECTION AND EXAMINATION.​ SENTENCING.​ 171.38​ SCHOOL OR INSTRUCTOR LICENSE DENIAL OR​ 171.306​ IGNITION INTERLOCK DEVICE PROGRAM.​ REVOCATION.​ 171.31​ INFORMATION ON PERSON RECEIVING​ 171.39​ EXEMPTIONS.​ BLINDNESS BENEFITS.​ 171.40​ DRIVER TRAINING SCHOOL VIOLATION; PETTY​ 171.32​ ACTION UPON INFORMATION RELATING TO​ MISDEMEANOR.​ BLINDNESS.​ 171.41​ COOPERATION OF STATE AGENCIES.​ 171.321​ QUALIFICATIONS OF SCHOOL BUS AND TYPE III​ DRIVER LICENSE COMPACT​ VEHICLE DRIVERS.​ 171.50​ DRIVER LICENSE COMPACT.​ 171.3213​ THIRD-PARTY TESTING OF SCHOOL BUS​ 171.51​ DEFINITIONS.​ DRIVERS.​ 171.52​ TRANSFER OF INFORMATION.​ 171.3215​ CANCELING BUS ENDORSEMENT FOR CERTAIN​ 171.53​ COMPACT ADMINISTRATOR.​ OFFENSES.​ 171.54​ REPORTING TO LICENSING AUTHORITY.​ 171.3216​ ACTIONS ON SCHOOL BUS ENDORSEMENT.​ 171.55​ OUT-OF-STATE CONVICTIONS GIVEN EFFECT.​ 171.322​ AGE LIMIT FOR OPERATOR OF VEHICLE FOR​ HIRE.​ 171.56​ FILING OF BYLAWS AND AMENDMENTS.​ 171.324​ HAZARDOUS MATERIALS ENDORSEMENT​ MISCELLANEOUS​ BACKGROUND CHECKS.​ 171.60​ MOTORCYCLE ROAD GUARD CERTIFICATE.​ 171.001 MS 2006 [Renumbered 15.001]​ 171.01 DEFINITIONS.​ Subdivision 1. Scope. Unless the language or context clearly indicates that a different meaning is​ intended, the following words, terms, and phrases, for the purposes of this chapter, shall be given the meanings​ subjoined to them.​ Subd. 2. [Renumbered subd 50]​ Subd. 3. [Renumbered subd 39]​ Subd. 4. [Renumbered subd 32]​ Subd. 5. [Renumbered subd 45]​ Subd. 6. [Renumbered subd 31]​ Subd. 7. [Repealed, 1971 c 644 s 17]​ Subd. 8. [Renumbered subd 43]​ Subd. 9. [Renumbered subd 42]​ Subd. 10. [Renumbered subd 48]​ Subd. 11. [Renumbered subd 28]​ Subd. 12. [Renumbered subd 30]​ Subd. 13. [Renumbered subd 29]​

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Subd. 14. [Renumbered subd 37]​ Subd. 15. [Renumbered subd 47]​ Subd. 16. [Renumbered subd 34]​ Subd. 17. [Renumbered subd 40]​ Subd. 18. (a) (b) [Renumbered subd 49]​ (c) [Renumbered subd 38]​ Subd. 18a. Autocycle. "Autocycle" has the meaning given in section 169.011, subdivision 3a.​ Subd. 19. Bus. "Bus" means every motor vehicle designed for carrying more than 15 passengers, including​ the driver, and used for the transportation of persons.​ Subd. 20. [Renumbered subd 41]​ Subd. 21. [Renumbered subd 46]​ Subd. 22. Commercial motor vehicle. "Commercial motor vehicle" means a motor vehicle or​ combination of motor vehicles used to transport passengers or property if the motor vehicle:​ (1) has a gross vehicle weight of more than 26,000 pounds;​ (2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the combination of​ vehicles has a combined gross vehicle weight of more than 26,000 pounds;​ (3) is a bus;​ (4) is of any size and is used in the transportation of hazardous materials that are required to be placarded​ under Code of Federal Regulations, title 49, parts 100-185; or​ (5) is outwardly equipped and identified as a school bus, except for type III vehicles defined in section​ 169.011, subdivision 71.​ Subd. 23. [Renumbered subd 44]​ Subd. 24. [Repealed, 1993 c 142 s 4]​ Subd. 25. [Renumbered subd 33]​ Subd. 26. [Renumbered subd 35]​ Subd. 27. [Renumbered subd 36]​ Subd. 28. Commissioner. The commissioner of public safety of the state of Minnesota, acting directly​ or through duly authorized agents.​ Subd. 29. Conviction. The term "conviction" means a final conviction either after trial or upon a plea​ of guilty. Also, a forfeiture of cash or collateral deposited to guarantee a defendant's appearance in court,​ which forfeiture has not been vacated; the failure to comply with a written notice to appear in court; or a​ breach of a condition of release without bail, is equivalent to a conviction.​ Subd. 29a. Current medical waiver. "Current medical waiver" means:​

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(1) a medical variance, as defined in Code of Federal Regulations, title 49, section 390.5, that has been​ granted to the applicant or licensee by the Federal Motor Carrier Safety Administration and that is not​ expired, removed, or rescinded;​ (2) a waiver of physical qualifications that has been granted to the applicant or licensee by the​ commissioner under section 171.321, subdivision 2, and rules adopted under that section, and that is not​ expired or revoked; or​ (3) a waiver of physical qualifications that has been granted to the applicant or licensee by the​ commissioner of transportation under section 221.0314, subdivision 3 or 3a, or rules adopted under that​ section, and that is not expired or revoked.​ Subd. 30. Department. The Department of Public Safety of the state, acting directly or through its duly​ authorized officers and agents.​ Subd. 31. Driver. Every person, who drives or is in actual physical control of a motor vehicle.​ Subd. 31a. Enhanced driver's license. "Enhanced driver's license" means a license, instruction permit,​ or provisional license to operate a motor vehicle issued or issuable under the laws of this state by the​ commissioner of public safety that denotes citizenship and identity and contains technology and security​ features approved by the secretary of the United States Department of Homeland Security. An enhanced​ driver's license may be used in the same manner as a driver's license, instruction permit, or provisional​ license, and is approved by the secretary of the United States Department of Homeland Security for purposes​ of entering the United States. All provisions in this chapter relating to drivers' licenses, instruction permits,​ and provisional licenses, including cancellation, suspension, revocation, reinstatement, examination, restriction,​ expiration, renewal, and unlawful acts and violations, apply to an enhanced driver's license.​ Subd. 31b. Enhanced identification card. "Enhanced identification card" means an identification card​ issued or issuable under the laws of this state by the commissioner of public safety that denotes citizenship​ and identity and contains technology and security features approved by the secretary of the United States​ Department of Homeland Security. An enhanced identification card may be used in the same manner as an​ identification card and is approved by the secretary of the United States Department of Homeland Security​ for purposes of entering the United States.​ Subd. 32. Farm tractor. Every motor vehicle designed and used primarily as a farm implement for​ drawing plows, mowing machines and other implements of husbandry.​ Subd. 33. Farm truck. For purposes of this chapter only, "farm truck" means a single-unit truck,​ including a pickup truck as defined in section 168.002; truck-tractor; tractor; semitrailer; or trailer, used by​ its owner:​ (1) to transport from the farm to the market agricultural, horticultural, dairy, or other farm products,​ including livestock, produced or finished by the owner of the farm truck;​ (2) to transport the owner's other personal property from the farm to market; or​ (3) to transport property and supplies to the farm of the owner.​ Subd. 34. Gross vehicle weight. "Gross vehicle weight" means the greater of:​ (1) the unloaded weight of a vehicle or the unloaded weight of a truck-tractor and semitrailer combination,​ plus the weight of the load; or​

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(2) the value specified by the manufacturer as the maximum gross weight or gross vehicle weight rating.​ Subd. 35. Hazardous materials. "Hazardous materials" means any material that has been designated​ as hazardous under United States Code, title 49, section 5103, and is required to be placarded under Code​ of Federal Regulations, title 49, part 172, subpart F, or any quantity of a material listed as a select agent or​ toxin in Code of Federal Regulations, title 42, part 73.​ Subd. 36. Head Start bus. "Head Start bus" means a motor vehicle used to transport children or parents​ to or from a Head Start facility, or to or from Head Start-related activities, by the Head Start grantee, or by​ someone under an agreement with the Head Start grantee. A Head Start bus does not include a motor vehicle​ transporting children or parents to or from a Head Start facility for which parents or guardians receive direct​ compensation from a Head Start grantee, a motor coach operating under charter carrier authority, or a transit​ bus providing services as defined in section 174.22, subdivision 7.​ Subd. 36a. Interstate or foreign commerce. "Interstate or foreign commerce" means (1) any trade,​ traffic, or transportation within the jurisdiction of the United States between a place in a state and a place​ outside of that state, including a place outside of the United States, and (2) trade, traffic, and transportation​ in the United States that affects any trade, traffic, and transportation described in clause (1).​ Subd. 36b. Intrastate commerce. "Intrastate commerce" means any trade, traffic, or transportation that​ occurs entirely within the state of Minnesota and that is not interstate or foreign commerce.​ Subd. 37. License. "License" means any operator's license or any other license or permit to operate a​ motor vehicle issued or issuable under the laws of this state by the commissioner of public safety including:​ (1) any temporary license, instruction permit, or provisional license;​ (2) the privilege of any person to drive a motor vehicle whether or not the person holds a valid license;​ and​ (3) any nonresident's operating privilege.​ Subd. 37a. [Renumbered subd 31a]​ Subd. 37b. [Renumbered subd 31b]​ Subd. 38. Manufactured home. "Manufactured home" means any trailer or semitrailer which is designed,​ constructed, and equipped for use as a human dwelling place, living abode, or living quarters except travel​ trailers.​ Subd. 38a. Medical examiner. "Medical examiner" has the meaning given in Code of Federal Regulations,​ title 49, section 390.5.​ Subd. 39. Motor vehicle. Every vehicle that is self-propelled, other than an electric personal assistive​ mobility device as defined in section 169.011, subdivision 26, and any vehicle propelled or drawn by a​ self-propelled vehicle, and not deriving its power from overhead wires except snowmobiles.​ Subd. 40. Motorcycle. "Motorcycle" means every motor vehicle having a seat or saddle for the use of​ the rider and designed to travel on not more than three wheels in contact with the ground, including motor​ scooters and bicycles with motor attached, but excluding tractors and motorized bicycles.​ Subd. 41. Motorized bicycle. "Motorized bicycle" has the meaning given in section 169.011, subdivision​ 45.​

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Subd. 41a. Noncompliant license; noncompliant identification card. "Noncompliant license,"​ "noncompliant identification card," or "noncompliant license or identification card," means a driver's license​ or Minnesota identification card issued under section 171.019, subdivision 2, paragraph (b).​

[See Note.]​

Subd. 42. Nonresident. Every person who is not a resident of this state.​

Subd. 43. Owner. Any person, firm, copartnership, association, or corporation who holds the legal title​ to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof​ with the right of purchase upon performance of the conditions stated in the agreement and with an immediate​ right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is​ entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for​ the purposes of this chapter.​

Subd. 44. Passenger endorsement. "Passenger endorsement" means the driver's license endorsement​ required of a person who operates a vehicle designed to transport more than 15 passengers, including the​ driver.​

Subd. 45. Person. Every natural person, firm, copartnership, association, or corporation.​

Subd. 45a. Primary driving supervisor. "Primary driving supervisor" means a person who: (1)​ supervises, for a majority of the supervised driving time, motor vehicle operation by an instruction permit​ holder who is under age 18; and (2) meets the applicable supervision requirements under this chapter.​

Subd. 45b. REAL ID Act. "REAL ID Act" means the REAL ID Act of 2005, Public Law 109-13,​ Division B.​

[See Note.]​

Subd. 46. School bus. "School bus" has the meaning given in section 169.011, subdivision 71.​

Subd. 47. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the​ United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United​ States.​

Subd. 48. Street or highway. The entire width between property lines of every way or place of whatever​ nature when any part thereof is open to the use of the public, as a matter of right, for purpose of vehicular​ traffic.​

Subd. 48a. Tank vehicle. "Tank vehicle" means any commercial motor vehicle that is designed to​ transport any liquid or gaseous materials within a tank, as defined in Code of Federal Regulations, title 49,​ section 178.320, including a cargo tank or a portable tank as defined in Code of Federal Regulations, title​ 49, section 171.8, that is either permanently or temporarily attached to the vehicle or the chassis, except​ portable tanks having a rated capacity under 1,000 gallons.​

Subd. 48b. Temporary lawful status. "Temporary lawful status" has the meaning given in Code of​ Federal Regulations, title 6, section 37.3.​

[See Note.]​

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Subd. 48c. Third-party tester. "Third-party tester" means an individual who is an employee of a​ third-party testing program who has qualified for a third-party tester certificate issued by the commissioner​ granting the individual authorization to conduct road tests or skills tests.​ Subd. 48d. Third-party testing program. "Third-party testing program" means a program authorized​ by the commissioner to administer to an individual the road test or skills test.​ Subd. 49. Travel trailer. (a) "Travel trailer" means any trailer or semitrailer designed and used for​ human living quarters that meets all of the following qualifications:​ (1) is not used as the residence of the owner or occupant;​ (2) is used for temporary living quarters by the owner or occupant while engaged in recreational or​ vacation activities; and​ (3) is towed on the public streets or highways incidental to such recreational or vacation activities.​ (b) The term "travel trailer" shall not include bunkhouses, so called, temporarily mounted on trailers,​ and manufactured homes. Such bunkhouses, exclusive of the trailer and manufactured homes, shall be listed​ and taxed as personal property as provided by law.​ Subd. 49a. Valid license; valid driver's license. "Valid license," "valid driver's license," "valid Minnesota​ driver's license," "valid standard driver's license," or other similar term, means any operator's license,​ provisional license, temporary license, limited license, permit, or other license to operate a motor vehicle​ issued or issuable under the laws of this state by the commissioner, or by another state or jurisdiction if​ specified, that is:​ (1) not expired, suspended, revoked, or canceled; and​ (2) not disqualified for the class of vehicle being operated.​ Subd. 49b. Valid medical examiner's certificate. (a) "Valid medical examiner's certificate" means a​ record, on a form prescribed by the department:​ (1) of a medical examiner's examination of a person who holds or is applying for a class A, class B, or​ class C commercial driver's license;​ (2) upon which the medical examiner attests that the applicant or license holder is physically qualified​ to drive a commercial motor vehicle; and​ (3) that is not expired.​ (b) A valid medical examiner's certificate must be issued by a medical examiner who is certified by the​ Federal Motor Carrier Administration and listed on the National Registry of Certified Medical Examiners.​ Subd. 50. Vehicle. Every device in, upon, or by which any person or property is or may be transported​ or drawn upon any highway, excepting devices moved by human power or used exclusively upon stationary​ rails or tracks.​ History: (2720-142, 2720-145a) 1939 c 401 s 1,16, par (c); 1965 c 51 s 24-35; 1967 c 385 s 1; 1969​ c 695 s 12; 1969 c 1129 art 1 s 18; 1971 c 644 s 2,3; 1973 c 421 s 3; 1975 c 29 s 6; 1977 c 214 s 10,11;​ 1978 c 570 s 3; 1978 c 783 s 5; 1981 c 365 s 9; 1984 c 403 s 7; 1986 c 444; 1987 c 269 s 6; 1988 c 681 s​ 14; 1989 c 209 art 2 s 1; 1989 c 228 s 2; 1989 c 307 s 14-16; 1989 c 342 s 20; 1990 c 529 s 3,4; 1991 c​ 298 art 7 s 1; 1991 c 333 s 21-23; 1993 c 78 s 3; 1994 c 465 art 3 s 62; 1994 c 603 s 16; 1994 c 647 art 13​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.01​ MINNESOTA STATUTES 2020​ 8​ s 17; 1Sp1995 c 3 art 2 s 40; 1996 c 435 s 17; 1998 c 388 s 7; 1998 c 397 art 11 s 3; 2002 c 285 s 5; 2005​ c 135 s 7; 1Sp2005 c 6 art 3 s 55-58; 2008 c 287 art 1 s 63; 2008 c 350 art 1 s 52,53,96; 2009 c 96 art 8 s​ 9; 2010 c 242 s 1-5,11; 2010 c 316 s 1,2,18; 2012 c 287 art 3 s 41; 2013 c 127 s 43; 2014 c 261 s 1; 2016​ c 114 s 8; 2017 c 76 s 1-3; 1Sp2019 c 3 art 3 s 71,72​ NOTE: (a) Subdivisions 41a, 45b, and 48b, as added by Laws 2017, chapter 76, sections 1 to 3, were​ effective May 19, 2017, and apply to driver's licenses and Minnesota identification cards applied for and​ issued on or after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, subdivisions 41a, 45b, and​ 48b, as added by Laws 2017, chapter 76, sections 1 to 3, are repealed on June 30 of the following year. Laws​ 2017, chapter 76, section 27.​

DRIVERS' LICENSES​

171.015 DRIVER'S LICENSE DIVISION.​ Subdivision 1. Created; director. A division in the Department of Public Safety to be known as the​ Driver's License Division is hereby created, under the supervision and control of a director. The commissioner​ may place the director's position in the unclassified service if the position meets the criteria established in​ section 43A.08, subdivision 1a. The director shall be assigned the duties and responsibilities prescribed in​ this section.​ Subd. 2. Powers and duties transferred. All the powers and duties now vested in or imposed upon the​ Department of Transportation and the commissioner of transportation in regard to drivers' licensing and​ safety responsibility as prescribed by this chapter and chapters 169 and 170, are hereby transferred to, vested​ in, and imposed upon the commissioner of public safety. The duties and responsibilities of the Department​ of Transportation and the commissioner of transportation, in relation to such matters as heretofore constituted,​ are hereby abolished.​ Subd. 3. Licensing chauffeur and school bus driver. The commissioner of public safety, with the​ approval of the governor, may transfer and assign to the Driver's License Division duties and responsibilities​ in relation to chauffeurs' licensing and school bus drivers' licensing as vested in and imposed upon the​ Division of Motor Vehicles.​ Subd. 4. [Repealed, 1991 c 199 art 1 s 59]​ Subd. 5. Powers and duties transferred. All the powers and duties now vested in or imposed upon the​ Department of Education and the Department of Transportation relating to drivers' training as prescribed​ by section 171.04, are hereby transferred to, vested in, and imposed upon the commissioner of public safety.​ The duties of the Department of Education and the Department of Transportation with reference to such​ training as heretofore constituted are hereby abolished.​ Subd. 6. Facility for licensing activity. The commissioner of transportation shall provide space as​ required for driver and chauffeur license activities at such locations and under such contractual conditions​ as may be determined with the commissioner of public safety.​ Subd. 7. Rulemaking limitation. (a) Notwithstanding any law to the contrary, the commissioner is​ prohibited from adopting any final rule that amends, conflicts with, or has the effect of modifying requirements​ in Minnesota Rules, parts 7410.0100 to 7410.0800.​

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(b) This subdivision does not constitute authorization for the commissioner to adopt rules absent authority​ otherwise provided by other law.​

History: 1969 c 1129 art 1 s 18; 1976 c 166 s 7; 1982 c 560 s 50; 1986 c 444; 2017 c 95 art 3 s 5​

171.017 BACKGROUND INVESTIGATIONS; DRIVER'S LICENSE AGENTS AND CERTAIN​ EMPLOYEES.​

Subdivision 1. Background checks authorized. The commissioner must investigate the criminal history​ background of any driver's license agent and any current or prospective employees of the department or​ driver's license agent being considered for any position that has or will have the ability to:​

(1) create or modify records of applicants for identification cards and driver's licenses, including enhanced​ driver's licenses and enhanced identification cards;​

(2) issue enhanced driver's licenses or enhanced identification cards; or​

(3) administer knowledge or skills tests under section 171.13 to an applicant for a commercial driver's​ license.​

Subd. 2. Procedure. (a) The commissioner must request a criminal history background check from the​ superintendent of the Bureau of Criminal Apprehension on all individuals specified in subdivision 1. A​ request under this section must be accompanied by an executed criminal history consent form, including​ fingerprints, signed by the agent or the current or prospective employee being investigated.​

(b) After receiving a request under paragraph (a), the superintendent of the Bureau of Criminal​ Apprehension shall perform the background check required under subdivision 1. The superintendent shall​ retrieve criminal history data as defined in section 13.87, conduct a search of the national criminal records​ repository, and provide wants and warrant information from federal and state repositories. The superintendent​ is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal​ history check. The superintendent shall return the results of the background checks to the commissioner to​ determine whether:​

(1) the agent, employee, or applicant for employment specified in subdivision 1, clause (1) or (2), has​ committed a disqualifying crime under Code of Federal Regulations, title 49, section 1572.103; or​

(2) the employee or applicant for employment specified in subdivision 1, clause (3), has a conviction​ of the type specified by Code of Federal Regulations, title 49, section 384.228(j).​

(c) The superintendent shall recover the bureau's background check cost for the person on whom the​ background check is performed through a fee charged to the commissioner or the driver's license agent who​ requested the background check.​

Subd. 3. Notification by other criminal justice agencies. Criminal justice agencies, as defined by​ section 13.02, subdivision 3a, shall provide the commissioner with information they possess and that the​ commissioner requires for the purposes of determining the employment suitability of current or prospective​ employees subject to this section.​

Subd. 4. Annual background checks in certain instances. Consistent with Code of Federal Regulations,​ title 49, section 384.228, the commissioner shall request and the superintendent shall conduct annual​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.017​ MINNESOTA STATUTES 2020​ 10​ background checks for the department employees specified in subdivision 1, clause (3). Annual background​ checks under this subdivision must be performed in a manner consistent with subdivisions 2 and 3.​

History: 2013 c 127 s 44; 2017 c 76 s 4​

NOTE: (a) The amendment to this section by Laws 2017, chapter 76, section 4, was effective May 19,​ 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or after​ October 1, 2018. Laws 2017, chapter 76, section 29.​

(b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to this section​ by Laws 2017, chapter 76, section 4, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​

171.019 REAL ID ACT CONFORMITY; LIMITATIONS.​

Subdivision 1. Definition. For purposes of this section, "federal change" means a modification or addition​ to REAL ID Act requirements, made by the federal government after May 19, 2017, with respect to: legal​ requirements; processes; policies and procedures; or data collection, storage, and dissemination. Federal​ change includes but is not limited to a modification:​

(1) in what constitutes an official purpose under Code of Federal Regulations, title 6, part 37;​

(2) in the machine-readable technology standards for a license or Minnesota identification card;​

(3) in the information provided on the face of the license or Minnesota identification card;​

(4) that relates to dissemination of state-provided data to or among federal agencies, other states,​ organizations operating under agreement among the states, or private entities; or​

(5) that imposes an identifiable cost for the state of Minnesota.​

Subd. 2. License and Minnesota identification card options. (a) The commissioner must establish a​ license and a Minnesota identification card that meets the requirements of the REAL ID Act, including but​ not limited to documentation requirements, administrative processes, electronic validation or verification​ of data, and card design and marking, as provided under this chapter.​

(b) The commissioner must establish a license and Minnesota identification card that:​

(1) is not acceptable for federal identification under the REAL ID Act, but complies with Code of Federal​ Regulations, title 6, section 37.71; and​

(2) meets the requirements under this chapter, including but not limited to section 171.12, subdivision​ 7b.​

(c) The commissioner must establish an enhanced driver's license or enhanced identification card as​ provided in this chapter.​

Subd. 3. Limitations. Compliance under subdivision 2, paragraph (a), is limited to those requirements​ of the REAL ID Act and any rules or regulations promulgated pursuant to the REAL ID Act in effect as of​ May 19, 2017. The commissioner may not take any action to implement or meet the requirements of a federal​ change.​

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Subd. 4. Legislative notification. (a) Upon identification of an impending or completed federal change,​ the commissioner must notify the chairs and ranking minority members of the legislative committees having​ jurisdiction over transportation policy and finance, public safety, and data practices, and the Legislative​ Commission on Data Practices and Personal Data Privacy. Notification must be submitted as required under​ section 3.195, except that printed copies are not required.​

(b) Notification under this subdivision must include a review of the federal change, an initial analysis​ of data practices impacts, and any preliminary estimates of implementation costs, including the availability​ of additional federal funds.​

Subd. 5. Statutory construction. (a) Unless specifically provided otherwise, a driver's license, instruction​ permit, or provisional license includes any noncompliant license. Unless specifically provided otherwise, a​ Minnesota identification card includes any noncompliant identification card.​

(b) A noncompliant license does not include an enhanced driver's license, and a noncompliant​ identification card does not include an enhanced identification card.​

History: 2017 c 76 s 5​

NOTE: (a) This section, as added by Laws 2017, chapter 76, section 5, was effective May 19, 2017,​ and applies to driver's licenses and Minnesota identification cards applied for and issued on or after October​ 1, 2018. Laws 2017, chapter 76, section 29.​

(b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, this section, as added by​ Laws 2017, chapter 76, section 5, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​

171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.​

Subdivision 1. License required; duplicate identification restricted. (a) Except when expressly​ exempted, a person shall not drive a motor vehicle upon a street or highway in this state unless the person​ has a valid license under this chapter for the type or class of vehicle being driven.​

(b) The department shall not issue a driver's license to a person unless and until the person's license from​ any jurisdiction has been invalidated. The department shall provide to the issuing department of any​ jurisdiction, information that the licensee is now licensed in Minnesota. A person is not permitted to have​ more than one valid driver's license at any time. The department shall not issue to a person to whom a current​ Minnesota identification card has been issued a driver's license, other than a limited license, unless the​ person's Minnesota identification card has been invalidated. This subdivision does not require invalidation​ of a tribal identification card as a condition of receiving a driver's license.​

Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers' licenses are classified​ according to the types of vehicles that may be driven by the holder of each type or class of license. The​ commissioner may, as appropriate, subdivide the classes listed in this subdivision and issue licenses classified​ accordingly.​

(b) Except as provided in this subdivision and subdivision 2a, no class of license is valid to operate a​ motorcycle, school bus, tank vehicle, double-trailer or triple-trailer combination, vehicle transporting​ hazardous materials, or bus, unless so endorsed. There are four general classes of licenses as described in​ paragraphs (c) through (f).​

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(c) Class D drivers' licenses are valid for:​ (1) operating all farm trucks if the farm truck is:​ (i) controlled and operated by a farmer, including operation by an immediate family member or an​ employee of the farmer;​ (ii) used to transport agricultural products, farm machinery, or farm supplies, including hazardous​ materials, to or from a farm;​ (iii) not used in the operations of a common or contract motor carrier as governed by Code of Federal​ Regulations, title 49, part 365; and​ (iv) used within 150 miles of the farm;​ (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as defined in section​ 169.011, subdivision 3, whether or not in excess of 26,000 pounds gross vehicle weight;​ (3) operating a recreational vehicle as defined in section 168.002, subdivision 27, that is operated for​ personal use;​ (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of more than 26,000​ pounds, vehicles designed to carry more than 15 passengers including the driver, and vehicles that carry​ hazardous materials;​ (5) notwithstanding paragraph (d), operating a type A school bus or a multifunction school activity bus​ without a school bus endorsement if the requirements of subdivision 2a are satisfied, as determined by the​ commissioner;​ (6) operating any vehicle or combination of vehicles when operated by a licensed peace officer while​ on duty;​ (7) towing vehicles if:​ (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or​ (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and the combination of​ vehicles has a gross vehicle weight of 26,000 pounds or less;​ (8) operating a covered farm vehicle as defined in Code of Federal Regulations, title 49, section 390.5,​ that is not carrying hazardous materials of a type or quantity that requires the vehicle to be placarded in​ accordance with Code of Federal Regulations, title 49, section 172.504; and​ (9) operating an autocycle.​ (d) Class C drivers' licenses are valid for:​ (1) operating class D motor vehicles;​ (2) with a hazardous materials endorsement, operating class D vehicles to transport hazardous materials;​ (3) with a passenger endorsement, operating buses; and​ (4) with a passenger endorsement and school bus endorsement, operating school buses.​ (e) Class B drivers' licenses are valid for:​

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(1) operating all class C motor vehicles, class D motor vehicles, and all other single-unit motor vehicles​ including, with a passenger endorsement, buses; and​ (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.​ (f) Class A drivers' licenses are valid for operating any vehicle or combination of vehicles.​ Subd. 2a. Exception for certain school bus drivers. Notwithstanding subdivision 2, paragraph (b), the​ holder of a class D driver's license, without a school bus endorsement, may operate a type A school bus or​ a multifunction school activity bus under the following conditions:​ (a) The operator is an employee of the entity that owns, leases, or contracts for the school bus and is not​ solely hired to provide transportation services under this subdivision.​ (b) The operator drives the school bus only from points of origin to points of destination, not including​ home-to-school trips to pick up or drop off students.​ (c) The operator is prohibited from using the eight-light system. Violation of this paragraph is a​ misdemeanor.​ (d) The operator's employer has adopted and implemented a policy that provides for annual training and​ certification of the operator in:​ (1) safe operation of the type of school bus the operator will be driving;​ (2) understanding student behavior, including issues relating to students with disabilities;​ (3) encouraging orderly conduct of students on the bus and handling incidents of misconduct​ appropriately;​ (4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;​ (5) handling emergency situations; and​ (6) safe loading and unloading of students.​ (e) A background check or background investigation of the operator has been conducted that meets the​ requirements under section 122A.18, subdivision 8, or 123B.03 for teachers; section 144.057 or chapter​ 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating a school​ bus under this subdivision.​ (f) Operators shall submit to a physical examination as required by section 171.321, subdivision 2, and​ must have in their possession the original or a copy of a current medical examiner's certificate, or otherwise​ provide proof of being medically qualified, to operate a school bus under this subdivision.​ (g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for​ the school bus.​ (h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25,​ 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or ordinance of another state is​ precluded from operating a school bus for five years from the date of conviction.​ (i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215,​ subdivision 1, paragraph (c), may not operate a school bus under this subdivision.​

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(j) A person who sustains a conviction, as defined under section 609.02, of a fourth moving offense in​ violation of chapter 169 is precluded from operating a school bus for one year from the date of the last​ conviction.​ (k) Students riding the school bus must have training required under section 123B.90, subdivision 2.​ (l) An operator must be trained in the proper use of child safety restraints as set forth in the National​ Highway Traffic Safety Administration's "Guideline for the Safe Transportation of Pre-school Age Children​ in School Buses," if child safety restraints are used by the passengers.​ (m) Annual certification of the requirements listed in this subdivision must be maintained under separate​ file at the business location for each operator licensed under this subdivision and subdivision 2, paragraph​ (c), clause (5). The business manager, school board, governing body of a nonpublic school, or any other​ entity that owns, leases, or contracts for the school bus operating under this subdivision is responsible for​ maintaining these files for inspection.​ (n) The school bus must bear a current certificate of inspection issued under section 169.451.​ (o) If the word "School" appears on the front and rear of the bus, the word "School" must be covered​ by a sign that reads "Activities" when the bus is being operated under authority of this subdivision.​ (p) The type A-I school bus or multifunction school activity bus is designed to transport 15 or fewer​ passengers, including the driver.​ (q) The school bus or multifunction school activity bus has a gross vehicle weight rating of 14,500​ pounds or less.​ (r) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by​ the entity that owns, leases, or contracts for the school bus must report the conviction to the employer within​ ten days of the date of the conviction.​ (s) An operator whose driver's license is suspended, revoked, canceled, or disqualified by Minnesota,​ another state, or another jurisdiction must notify the operator's employer in writing of the suspension,​ revocation, cancellation, lost privilege, or disqualification. The operator must notify the operator's employer​ before the end of the business day immediately following the day the operator received notice of the​ suspension, revocation, cancellation, lost privilege, or disqualification.​ Subd. 2b. Exception for type III vehicle drivers. (a) Notwithstanding subdivision 2, the holder of a​ class A, B, C, or D driver's license, without a school bus endorsement, may operate a type III vehicle described​ in section 169.011, subdivision 71, paragraph (h), under the conditions in this subdivision.​ (b) The operator is an employee of the entity that owns, leases, or contracts for the school bus.​ (c) The operator's employer has adopted and implemented a policy that provides for annual training and​ certification of the operator in:​ (1) safe operation of a type III vehicle;​ (2) understanding student behavior, including issues relating to students with disabilities;​ (3) encouraging orderly conduct of students on the bus and handling incidents of misconduct​ appropriately;​ (4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;​

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(5) handling emergency situations;​

(6) proper use of seat belts and child safety restraints;​

(7) performance of pretrip vehicle inspections;​

(8) safe loading and unloading of students, including, but not limited to:​

(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the​ roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid​ hazardous conditions;​

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a​ designated turn lane, or a lane adjacent to a designated turn lane;​

(iii) avoiding a loading or unloading location that would require a pupil to cross a road, or ensuring that​ the driver or an aide personally escort the pupil across the road if it is not reasonably feasible to avoid such​ a location;​

(iv) placing the type III vehicle in "park" during loading and unloading; and​

(v) escorting a pupil across the road under item (iii) only after the motor is stopped, the ignition key is​ removed, the brakes are set, and the vehicle is otherwise rendered immobile; and​

(9) compliance with paragraph (k), concerning reporting certain convictions to the employer within ten​ days of the date of conviction.​

(d) A background check or background investigation of the operator has been conducted that meets the​ requirements under section 122A.18, subdivision 8, or 123B.03 for school district employees; section 144.057​ or chapter 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating​ a type III vehicle under this subdivision.​

(e) Operators shall submit to a physical examination as required by section 171.321, subdivision 2, and​ must have in their possession the original or a copy of a current medical examiner's certificate, or otherwise​ provide proof of being medically qualified, to operate a school bus under this subdivision.​

(f) The operator's employer requires preemployment drug testing of applicants for operator positions.​ Current operators must comply with the employer's policy under section 181.951, subdivisions 2, 4, and 5.​ Notwithstanding any law to the contrary, the operator's employer may use a Breathalyzer or similar device​ to fulfill random alcohol testing requirements.​

(g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for​ the type III vehicle as required under section 171.321, subdivision 5.​

(h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25,​ 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 169A.53 of​ the implied consent law or section 171.177, or who is convicted of violating or whose driver's license is​ revoked under a similar statute or ordinance of another state, is precluded from operating a type III vehicle​ for five years from the date of conviction.​

(i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215,​ subdivision 1, paragraph (c), may not operate a type III vehicle under this subdivision.​

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(j) A person who sustains a conviction, as defined under section 609.02, of a moving offense in violation​ of chapter 169 within three years of the first of three other moving offenses is precluded from operating a​ type III vehicle for one year from the date of the last conviction.​ (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by​ the entity that owns, leases, or contracts for the school bus, shall report the conviction to the employer within​ ten days of the date of the conviction.​ (l) An operator of a type III vehicle whose driver's license is suspended, revoked, canceled, or disqualified​ by Minnesota, another state, or another jurisdiction must notify the operator's employer in writing of the​ suspension, revocation, cancellation, lost privilege, or disqualification. The operator must notify the operator's​ employer before the end of the business day immediately following the day the operator received notice of​ the suspension, revocation, cancellation, lost privilege, or disqualification.​ (m) Students riding the type III vehicle must have training required under section 123B.90, subdivision​ 2.​ (n) Documentation of meeting the requirements listed in this subdivision must be maintained under​ separate file at the business location for each type III vehicle operator. The business manager, school board,​ governing body of a nonpublic school, or any other entity that owns, leases, or contracts for the type III​ vehicle operating under this subdivision is responsible for maintaining these files for inspection.​ (o) The type III vehicle must bear a current certificate of inspection issued under section 169.451.​ (p) An employee of a school or of a school district, who is not employed for the sole purpose of operating​ a type III vehicle, is exempt from paragraphs (e) and (f).​ Subd. 3. Motorized bicycle. (a) A motorized bicycle may not be operated on any public roadway by​ any person who does not possess a valid driver's license, unless the person has obtained a motorized bicycle​ operator's permit or motorized bicycle instruction permit from the commissioner of public safety. The​ operator's permit may be issued to any person who has attained the age of 15 years and who has passed the​ examination prescribed by the commissioner. The instruction permit may be issued to any person who has​ attained the age of 15 years and who has successfully completed an approved safety course and passed the​ written portion of the examination prescribed by the commissioner.​ (b) This course must consist of, but is not limited to, a basic understanding of:​ (1) motorized bicycles and their limitations;​ (2) motorized bicycle laws and rules;​ (3) safe operating practices and basic operating techniques;​ (4) helmets and protective clothing;​ (5) motorized bicycle traffic strategies; and​ (6) effects of alcohol and drugs on motorized bicycle operators.​ (c) The commissioner may adopt rules prescribing the content of the safety course, examination, and​ the information to be contained on the permits. A person operating a motorized bicycle under a motorized​ bicycle permit is subject to the restrictions imposed by section 169.974, subdivision 2, on operation of a​ motorcycle under a two-wheel instruction permit.​

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(d) The fees for motorized bicycle operator's permits are as follows:​

(1)​ Motorized bicycle operator's permit before age 21 and valid until age 21​ $​ 9.75​ (2)​ Renewal permit age 21 or older and valid for four years​ $​ 15.75​ (3)​ Duplicate of any renewal permit​ $​ 5.25​ (4)​ Written examination and instruction permit, valid for 30 days​ $​ 6.75​

Subd. 4. Restricted commercial driver's license. (a) The commissioner may issue restricted commercial​ drivers' licenses and take the following actions to the extent that the actions are authorized by regulation of​ the United States Department of Transportation in Code of Federal Regulations, title 49, section 383.3,​ paragraph (f):​ (1) prescribe examination requirements and other qualifications for the license;​ (2) prescribe classes of vehicles that may be operated by holders of the license;​ (3) specify commercial motor vehicle operation that is authorized by the license, and prohibit other​ commercial motor vehicle operation by holders of the license; and​ (4) prescribe the period of time during which the license is valid.​ (b) Restricted commercial drivers' licenses are subject to sections 171.165 and 171.166 in the same​ manner as other commercial drivers' licenses.​ (c) Actions of the commissioner under this subdivision are not subject to sections 14.05 to 14.47 of the​ Administrative Procedure Act.​ Subd. 5. Exemption for certain backup snowplow drivers. Pursuant to the waiver authorization set​ forth in Public Law 104-59, section 345, subsection (a), paragraph (5), a person who operates a commercial​ motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, or sanding is​ not required to hold a commercial driver's license if the person:​ (1) is an employee of a local unit of government with a population of 3,000 or less;​ (2) is operating within the boundaries of the local unit of government;​ (3) holds a valid class D driver's license; and​ (4) except in the event of a lawful strike, is temporarily replacing the employee who normally operates​ the vehicle but either is unable to operate the vehicle or is in need of additional assistance due to a snow​ emergency as determined by the local unit of government.​ History: (2720-143) 1939 c 401 s 2; 1963 c 393 s 1; 1971 c 644 s 4; 1973 c 16 s 1; 1977 c 214 s 12;​ 1977 c 429 s 63; 1978 c 479 s 1; 1979 c 227 s 3; 1981 c 363 s 29; 1984 c 546 s 1; 1985 c 248 s 70; 1985 c​ 291 s 19; 1986 c 444; 1986 c 454 s 21; 1987 c 269 s 7; 1987 c 358 s 110; 1989 c 301 s 4,5; 1989 c 307 s​ 17; 1989 c 342 s 21; 1990 c 529 s 5; 1991 c 174 s 8; 1991 c 298 art 7 s 2; 1991 c 333 s 24-26; 1992 c 581​ s 14; 1993 c 78 s 4; 1993 c 142 s 1; 1993 c 266 s 20; 1994 c 465 art 3 s 48; 1995 c 95 s 7; 1995 c 174 s 3;​ 1996 c 275 s 1,2; 1997 c 35 s 1; 2001 c 97 s 3,4; 1Sp2001 c 6 art 2 s 60; 2002 c 371 art 1 s 50,51; 2003 c​ 15 art 1 s 33; 1Sp2003 c 19 art 2 s 38,64; 2005 c 160 s 1; 1Sp2005 c 6 art 3 s 59; 2006 c 253 s 11; 2007 c​ 143 art 3 s 3; 2007 c 146 art 8 s 11,12; 2008 c 271 s 3; 2008 c 287 art 1 s 64; 2008 c 350 art 1 s 54,96;​

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2009 c 24 s 1; 2009 c 96 art 8 s 10,11; 2010 c 351 s 36; 2014 c 287 s 16; 2014 c 312 art 11 s 19; 2016 c​ 114 s 9; 2017 c 83 art 3 s 18; 1Sp2017 c 3 art 3 s 73; 2020 c 83 art 1 s 58; 2020 c 100 s 12,13​

171.03 PERSONS EXEMPT.​

The following persons are exempt from license hereunder:​

(a) A person in the employ or service of the United States federal government is exempt while driving​ or operating a motor vehicle owned by or leased to the United States federal government.​

(b) A person in the employ or service of the United States federal government is exempt from the​ requirement to possess a valid class A, class B, or class C commercial driver's license while driving or​ operating for military purposes a commercial motor vehicle for the United States federal government if the​ person is:​

(1) on active duty in the U. S. Coast Guard;​

(2) on active duty in a branch of the U. S. armed forces, which includes the Army, Air Force, Navy, and​ Marine Corps;​

(3) a member of a reserve component of the U. S. armed forces; or​

(4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on​ full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a​ National Guard military technician, who is a civilian required to wear a military uniform.​

The exemption provided under this paragraph does not apply to a U. S. armed forces reserve technician.​

(c) A person operating a covered farm vehicle as defined in Code of Federal Regulations, title 49, section​ 390.05, that is not carrying hazardous materials of a type or quantity that requires the vehicle to be placarded​ in accordance with Code of Federal Regulations, title 49, section 172.504, is exempt from the requirement​ to possess a valid class A, class B, or class C commercial driver's license.​

(d) Any person while driving or operating any farm tractor or implement of husbandry temporarily on​ a highway is exempt. For purposes of this section, an all-terrain vehicle, as defined in section 84.92,​ subdivision 8, an off-highway motorcycle, as defined in section 84.787, subdivision 7, and an off-road​ vehicle, as defined in section 84.797, subdivision 7, are not implements of husbandry.​

(e) A nonresident who is at least 15 years of age and who has in immediate possession a valid driver's​ license issued to the nonresident in the home state or country may operate a motor vehicle in this state only​ as a driver.​

(f) A nonresident who has in immediate possession a valid commercial driver's license issued by a state​ or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, and who​ is operating in Minnesota the class of commercial motor vehicle authorized by the issuing state or jurisdiction​ is exempt.​

(g) Any nonresident who is at least 18 years of age, whose home state or country does not require the​ licensing of drivers may operate a motor vehicle as a driver, but only for a period of not more than 90 days​ in any calendar year, if the motor vehicle so operated is duly registered for the current calendar year in the​ home state or country of the nonresident.​

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(h) Any person who becomes a resident of the state of Minnesota and who has in possession a valid​ driver's license issued to the person under and pursuant to the laws of some other state or jurisdiction or by​ military authorities of the United States may operate a motor vehicle as a driver, but only for a period of not​ more than 60 days after becoming a resident of this state, without being required to have a Minnesota driver's​ license as provided in this chapter.​ (i) Any person who becomes a resident of the state of Minnesota and who has in possession a valid​ commercial driver's license issued by another state or jurisdiction in accordance with the standards of Code​ of Federal Regulations, title 49, part 383, is exempt for not more than 30 days after becoming a resident of​ this state.​ (j) Any person operating a snowmobile, as defined in section 84.81, is exempt.​ (k) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a), is exempt while​ operating a railroad locomotive or train, or on-track equipment while being operated upon rails. This​ exemption includes operation while crossing a street or highway, whether public or private.​ History: (2720-144) 1939 c 401 s 3; 1943 c 331 s 2; 1955 c 496 s 1; 1969 c 695 s 13; 1971 c 644 s 5;​ 1986 c 444; 1989 c 307 s 18; 1989 c 331 s 23; 1991 c 333 s 27; 1993 c 311 art 1 s 14; art 2 s 14; 1Sp2005​ c 6 art 3 s 60; 2008 c 350 art 1 s 55; 2012 c 287 art 4 s 33; 2014 c 287 s 17​ 171.04 PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.​ Subdivision 1. Persons not eligible. The department shall not issue a driver's license:​ (1) to any person under 18 years unless:​ (i) the applicant is 16 or 17 years of age and has a previously issued valid license from another state or​ country or the applicant has, for the 12 consecutive months preceding application, held a provisional license​ and during that time has incurred (A) no conviction for a violation of section 169A.20, 169A.33, 169A.35,​ sections 169A.50 to 169A.53, or section 171.177, (B) no conviction for a crash-related moving violation,​ and (C) not more than one conviction for a moving violation that is not crash related. "Moving violation"​ means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation,​ or warning citation;​ (ii) the application for a license is approved by (A) either parent when both reside in the same household​ as the minor applicant or, if otherwise, then (B) the parent or spouse of the parent having custody or, in the​ event there is no court order for custody, then (C) the parent or spouse of the parent with whom the minor​ is living or, if subitems (A) to (C) do not apply, then (D) the guardian having custody of the minor, (E) the​ foster parent or director of the transitional living program in which the child resides or, in the event a person​ under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated,​ then (F) the minor's adult spouse, adult close family member, or adult employer; provided, that the approval​ required by this item contains a verification of the age of the applicant and the identity of the parent, guardian,​ adult spouse, adult close family member, or adult employer; and​ (iii) the applicant presents a certification by the person who approves the application under item (ii),​ stating that the applicant has driven a motor vehicle accompanied by and under supervision of a licensed​ driver at least 21 years of age for at least ten hours during the period of provisional licensure;​ (2) to any person who is 18 years of age or younger, unless the person has applied for, been issued, and​ possessed the appropriate instruction permit for a minimum of six months, and, with respect to a person​ under 18 years of age, a provisional license for a minimum of 12 months;​

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(3) to any person who is 19 years of age or older, unless that person has applied for, been issued, and​ possessed the appropriate instruction permit for a minimum of three months;​ (4) to any person whose license has been suspended during the period of suspension except that a​ suspended license may be reinstated during the period of suspension upon the licensee furnishing proof of​ financial responsibility in the same manner as provided in the Minnesota No-Fault Automobile Insurance​ Act;​ (5) to any person whose license has been revoked except upon furnishing proof of financial responsibility​ in the same manner as provided in the Minnesota No-Fault Automobile Insurance Act and if otherwise​ qualified;​ (6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;​ (7) to any person who has been adjudged legally incompetent by reason of mental illness, mental​ deficiency, or inebriation, and has not been restored to capacity, unless the department is satisfied that the​ person is competent to operate a motor vehicle with safety to persons or property;​ (8) to any person who is required by this chapter to take a vision, knowledge, or road examination, unless​ the person has successfully passed the examination. An applicant who fails four road tests must complete a​ minimum of six hours of behind-the-wheel instruction with an approved instructor before taking the road​ test again;​ (9) to any person who is required under the Minnesota No-Fault Automobile Insurance Act to deposit​ proof of financial responsibility and who has not deposited the proof;​ (10) to any person when the commissioner has good cause to believe that the operation of a motor vehicle​ on the highways by the person would be inimical to public safety or welfare;​ (11) to any person when, in the opinion of the commissioner, the person is afflicted with or suffering​ from a physical or mental disability or disease that will affect the person in a manner as to prevent the person​ from exercising reasonable and ordinary control over a motor vehicle while operating it upon the highways;​ (12) to a person who is unable to read and understand official signs regulating, warning, and directing​ traffic;​ (13) to a child for whom a court has ordered denial of driving privileges under section 260C.201,​ subdivision 1, or 260B.235, subdivision 5, until the period of denial is completed; or​ (14) to any person whose license has been canceled, during the period of cancellation.​ Subd. 2. Disqualified operators of commercial motor vehicles. During the period of disqualification,​ the department shall not issue a class C, class B, or class A commercial driver's license, including a limited​ license, to a person who has been disqualified from operating a commercial motor vehicle under section​ 171.165.​ Subd. 3. Medical qualification for commercial driver's license. The department shall not issue a class​ A, class B, or class C commercial driver's license to a person who:​ (1) has not submitted the self-certification required under section 171.162, subdivision 2; or​ (2) has not submitted either a valid medical examiner's certificate or a current medical waiver as required​ under section 171.162, subdivision 3.​

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Subd. 4. Persons not eligible for enhanced driver's license. The department shall not issue an enhanced​ driver's license to any person who is:​

(1) under 16 years of age;​

(2) not a resident of this state;​

(3) not a citizen of the United States of America; or​

(4) described in subdivision 1, clauses (4) to (12), or (14).​

Subd. 5. Temporary lawful admission. The commissioner is prohibited from issuing a driver's license​ or Minnesota identification card to an applicant whose lawful temporary admission period, as demonstrated​ under section 171.06, subdivision 3, paragraph (b), expires within 30 days of the date of the application.​

[See Note.]​

History: (2720-144a) 1939 c 401 s 4; 1941 c 517; 1957 c 564 s 1; 1963 c 382 s 1; 1965 c 78 s 1; 1965​ c 795 s 1; 1967 c 61 s 1; 1967 c 839 s 1; 1969 c 1129 art 1 s 18; 1971 c 644 s 6; 1974 c 408 s 32 subd 4;​ 1981 c 363 s 30; 1982 c 548 art 4 s 14; 1986 c 444; 1988 c 558 s 1; 1989 c 262 s 1; 1989 c 307 s 19; 1995​ c 226 art 3 s 13; 1996 c 275 s 3; 1996 c 455 art 3 s 24; 1998 c 388 s 8; 1999 c 139 art 4 s 2; 1999 c 238​ art 2 s 23; 2000 c 478 art 2 s 7; 2002 c 371 art 1 s 52; 1Sp2005 c 6 art 3 s 61; 2010 c 242 s 6,11; 2010 c​ 269 art 1 s 1; 2010 c 316 s 3,18; 2017 c 76 s 6; 2017 c 83 art 3 s 18​

NOTE: (a) Subdivision 5, as added by Laws 2017, chapter 76, section 6, was effective May 19, 2017,​ and applies to driver's licenses and Minnesota identification cards applied for and issued on or after October​ 1, 2018. Laws 2017, chapter 76, section 29.​

(b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, subdivision 5, as added by​ Laws 2017, chapter 76, section 6, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​

171.041 RESTRICTED LICENSE FOR FARM WORK.​

(a) Notwithstanding any provisions of section 171.04 relating to the age of an applicant to the contrary,​ the commissioner may issue a restricted farm work license to operate a motor vehicle to a person who has​ attained the age of 15 years and who, except for age, is qualified to hold a driver's license. The applicant is​ not required to comply with the six-month instruction permit possession provisions of sections 171.04,​ subdivision 1, clause (2), and 171.05, subdivision 2a, or with the 12-month provisional license possession​ provision of section 171.04, subdivision 1, clause (1), item (i).​

(b) The restricted license must be issued solely for the purpose of authorizing the person to whom the​ restricted license is issued to assist the person's parents or guardians with farm work. An individual may​ perform farm work under the restricted license for any entity authorized to farm under section 500.24. A​ person holding this restricted license may operate a motor vehicle only during daylight hours and only within​ a radius of 40 miles of the parent's or guardian's farmhouse.​

(c) An applicant for a restricted license must apply to the commissioner for the license on forms prescribed​ by the commissioner. The application must be accompanied by:​

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(1) a copy of a property tax statement showing that the applicant's parent or guardian owns land that is​ classified as agricultural land or a copy of a rental statement or agreement showing that the applicant's parent​ or guardian rents land classified as agricultural land; and​ (2) a written verified statement by the applicant's parent or guardian setting forth the necessity for the​ license.​ History: 1963 c 382 s 3; 1967 c 87 s 1; 1986 c 444; 1997 c 48 s 1; 1997 c 230 s 6; 1997 c 251 s 24,25;​ 1998 c 388 s 9; 1Sp2019 c 3 art 3 s 73​ 171.042 DRIVER'S LICENSE FOR MEDICAL REASON.​ Notwithstanding any provisions of section 171.04, relating to the age of an applicant, the commissioner​ may issue a driver's license to a person who has attained the age of 15 years but is under the age of 16 years,​ who, except for age, is qualified to hold a driver's license and who needs to operate a motor vehicle because​ of personal or family medical reasons. Applicants shall apply to the commissioner for the license on forms​ prescribed by the commissioner. The application shall be accompanied by written verified statements by​ the applicant's parent or guardian and by a doctor setting forth the necessity for the license. The commissioner​ in issuing such license may impose such conditions and limitations as in the commissioner's judgment are​ necessary to the interests of the public safety and welfare.​ History: 1975 c 23 s 1; 1986 c 444​ 171.043 NOTICE OF PERSONS UNDER DRIVER'S LICENSE CANCELLATION.​ The commissioner of public safety shall develop a program under which the commissioner provides a​ monthly notice to local law enforcement agencies of the names and addresses of persons residing within the​ local agency's jurisdiction whose drivers' licenses or driving privileges have been canceled under section​ 171.04, subdivision 1, clause (10). At the commissioner's discretion, the commissioner may adopt necessary​ procedures so that the information is current and accurate. Data in the notice are private data on individuals​ and are available to law enforcement agencies.​ History: 1992 c 570 art 1 s 28; 1997 c 12 art 3 s 7; 1999 c 238 art 2 s 91​ 171.05 INSTRUCTION PERMIT.​ Subdivision 1. Person 18 or more years of age. (a) Any person who is 18 or more years of age and​ who, except for a lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a​ class D driver's license under this chapter, may apply for an instruction permit and the department shall issue​ the permit. The instruction permit entitles the applicant to drive a motor vehicle for which a class D license​ is valid upon the highways for a period of two years if the permit holder:​ (1) has the permit in immediate possession; and​ (2) is driving the vehicle while accompanied by an adult licensed driver who is actually occupying a​ seat beside the driver.​ (b) Any license of a lower class may be used as an instruction permit to operate a vehicle requiring a​ higher class license for a period of six months after passage of the written test or tests required for the higher​ class and when the licensee is accompanied by and receiving instruction from a holder of the appropriate​ higher class license. A copy of the record of examination taken for the higher class license must be carried​ by the driver while using the lower class license as an instruction permit.​

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Subd. 1a. Minimum period to possess instruction permit. An applicant who has received an instruction​ permit under subdivision 1 and has not previously been licensed to drive in Minnesota or in another jurisdiction​ must possess the instruction permit for not less than six months for an applicant who is 18 years of age, and​ not less than three months for all other applicants, before qualifying for a driver's license. An applicant with​ an instruction permit from another jurisdiction must be credited with the amount of time that permit has​ been held.​ Subd. 1b. Instruction permit not issued. Notwithstanding subdivision 1, the commissioner shall not​ issue an instruction permit to a person under age 18 if the person has ever been convicted of a violation of​ section 169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53; a violation​ of section 171.177; or a crash-related moving violation.​ Subd. 2. Person less than 18 years of age. (a) The department may issue an instruction permit to an​ applicant who is 15, 16, or 17 years of age and who:​ (1) has completed a course of driver education in another state, has a previously issued valid license​ from another state, or is enrolled in either:​ (i) a public, private, or commercial driver education program that is approved by the commissioner of​ public safety and that includes classroom and behind-the-wheel training; or​ (ii) an approved behind-the-wheel driver education program when the student is receiving full-time​ instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working​ toward a homeschool diploma, the student is taking home-classroom driver training with classroom materials​ approved by the commissioner of public safety, and the student's parent has certified the student's homeschool​ and home-classroom driver training status on the form approved by the commissioner;​ (2) has completed the classroom phase of instruction in the driver education program or has completed​ 15 hours of classroom instruction in a program that presents classroom and behind-the-wheel instruction​ concurrently;​ (3) has passed a test of the applicant's eyesight;​ (4) has passed a department-administered test of the applicant's knowledge of traffic laws;​ (5) has completed the required application, which must be approved by (i) either parent when both reside​ in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent​ having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent​ with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of​ the minor, (v) the foster parent or the director of the transitional living program in which the child resides​ or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or​ otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult​ employer; provided, that the approval required by this clause contains a verification of the age of the applicant​ and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer; and​ (6) has paid all fees required in section 171.06, subdivision 2.​ (b) In addition, the applicant may submit a certification stating that a primary driving supervisor has​ completed the supplemental parental curriculum under section 171.0701, subdivision 1a, for the purposes​ of provisional license requirements under section 171.055, subdivision 1, paragraph (a), clause (6). The​ certification must be completed by a driver education instructor, as defined under section 171.0701,​ subdivision 1a.​

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(c) For the purposes of determining compliance with the certification of paragraph (a), clause (1), item​ (ii), the commissioner may request verification of a student's homeschool status from the superintendent of​ the school district in which the student resides and the superintendent shall provide that verification.​

(d) The instruction permit is valid for two years from the date of application and may be renewed upon​ payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.​

Subd. 2a. Permit for six months. An applicant who has applied for and received an instruction permit​ pursuant to subdivision 2 must possess the instruction permit for not less than six months before qualifying​ for a driver's license.​

Subd. 2b. Instruction permit use by person under age 18. (a) This subdivision applies to persons who​ have applied for and received an instruction permit under subdivision 2.​

(b) The permit holder may, with the permit in possession, operate a motor vehicle, but must be​ accompanied by and be under the supervision of a certified driver education instructor, the permit holder's​ parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside​ the permit holder.​

(c) The permit holder may not operate a vehicle while communicating over, or otherwise operating, a​ cellular or wireless telephone, whether handheld or hands free, when the vehicle is in motion. The permit​ holder may assert as an affirmative defense that the violation was made for the sole purpose of obtaining​ emergency assistance to prevent a crime about to be committed, or in the reasonable belief that a person's​ life or safety was in danger. Violation of this paragraph is a petty misdemeanor subject to section 169.89,​ subdivision 2.​

(d) The permit holder must maintain a driving record free of convictions for moving violations, as​ defined in section 171.04, subdivision 1, and free of convictions for violation of section 169A.20, 169A.33,​ 169A.35, sections 169A.50 to 169A.53, or section 171.177. If the permit holder drives a motor vehicle in​ violation of the law, the commissioner shall suspend, cancel, or revoke the permit in accordance with the​ statutory section violated.​

Subd. 3. Motorized bicycle. Notwithstanding any provision in subdivision 1 to the contrary, the​ department, upon application and payment of the fee prescribed in section 171.02, subdivision 3, may issue​ a motorized bicycle instruction permit to an applicant who is 15 years of age and who has successfully​ completed the written portion of the examination prescribed by the commissioner. The holder of this​ instruction permit who has the permit in possession may operate a motorized bicycle within one mile of the​ holder's residence for the purpose of practicing to take the operator portion of the examination prescribed​ by the commissioner.​

Subd. 4. Rulemaking. The commissioner of public safety shall adopt rules to carry out the provisions​ of this section. The rules adopted under this section are exempt from the rulemaking provisions of chapter​ 14. The rules are subject to section 14.386, except that section 14.386, paragraph (b), does not apply.​

History: (2720-144b) 1939 c 401 s 5; 1949 c 91 s 1; 1961 c 33 s 1; 1963 c 382 s 2; 1971 c 644 s 7;​ 1973 c 95 s 1; 1980 c 446 s 1; 1986 c 444; 1986 c 454 s 22; 1987 c 384 art 1 s 19; 1990 c 529 s 6,7; 1996​ c 275 s 4; 1996 c 455 art 3 s 25; 1997 c 250 s 8; 1998 c 388 s 10-12; 1999 c 238 art 2 s 24,25; 2000 c 478​ art 2 s 7; 2000 c 489 art 6 s 31; 2002 c 371 art 1 s 53; 2004 c 177 s 2; 1Sp2005 c 6 art 3 s 62-64; 2006 c​ 260 art 2 s 15; 2009 c 165 s 5; 2010 c 269 art 1 s 2; 1Sp2011 c 11 art 1 s 28; 2013 c 117 art 3 s 10; 2014​ c 261 s 2,3; 2017 c 83 art 3 s 18; 2019 c 50 art 1 s 59​

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171.055 PROVISIONAL LICENSE.​ Subdivision 1. Requirements for provisional license. (a) The department may issue a provisional​ license, which must be distinctive in appearance from a driver's license, to an applicant who:​ (1) has reached the age of 16 years;​ (2) during the six months immediately preceding the application for the provisional license has possessed​ an instruction permit and has incurred (i) no convictions for a violation of section 169A.20, 169A.33,​ 169A.35, sections 169A.50 to 169A.53, or section 171.177, (ii) no convictions for a crash-related moving​ violation, and (iii) no convictions for a moving violation that is not crash related;​ (3) has successfully completed a course of driver education in accordance with department rules;​ (4) completes the required application, which must be approved by (i) either parent when both reside​ in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent​ having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent​ with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of​ the minor, (v) the foster parent or the director of the transitional living program in which the child resides​ or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or​ otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult​ employer; provided, that the approval required by this clause contains a verification of the age of the applicant​ and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer;​ (5) submits a supervised driving log, in a format approved by the commissioner, that:​ (i) states that the applicant has driven a motor vehicle accompanied by and under the supervision of a​ licensed driver at least 21 years of age, for no less than 40 total hours or as provided in clause (6), item (i),​ at least 15 of which were nighttime hours;​ (ii) identifies dates and lengths of driving time for each supervised driving trip; and​ (iii) is signed by the primary driving supervisor, attesting that the applicant has met the requirements​ under item (i);​ (6) has:​ (i) driven a motor vehicle in the manner required under clause (5) for no less than ten hours in addition​ to the total hours specified in clause (5), item (i); or​ (ii) submitted a certification of supplemental parental curriculum under section 171.05, subdivision 2,​ paragraph (b), for the primary driving supervisor under clause (5), as part of an application for an instruction​ permit; and​ (7) pays the fee required in section 171.06, subdivision 2.​ (b) For purposes of this section, "moving violation" has the meaning given it in section 171.04, subdivision​ 1.​ (c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a provisional license to​ a person who has ever incurred a conviction for violation of section 169A.20, 169A.33, or 169A.35; a​ violation of a provision of sections 169A.50 to 169A.53; a violation of section 171.177; or a crash-related​ moving violation, and at the time of the conviction the person did not possess an instruction permit.​

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Subd. 2. Use of provisional license. (a) A provisional license holder may not operate a vehicle while​ communicating over, or otherwise operating, a cellular or wireless telephone, whether handheld or hands​ free, when the vehicle is in motion. The provisional license holder may assert as an affirmative defense that​ the violation was made for the sole purpose of obtaining emergency assistance to prevent a crime about to​ be committed, or in the reasonable belief that a person's life or safety was in danger. Violation of this​ paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.​

(b) If the holder of a provisional license during the period of provisional licensing incurs (1) a conviction​ for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or a violation of section​ 171.177, (2) a conviction for a crash-related moving violation, or (3) more than one conviction for a moving​ violation that is not crash related, the person may not be issued a driver's license until 12 consecutive months​ have expired since the date of the conviction or until the person reaches the age of 18 years, whichever​ occurs first.​

(c) For the first six months of provisional licensure, a provisional license holder may not operate a motor​ vehicle carrying more than one passenger under the age of 20 years who is not a member of the holder's​ immediate family. For the second six months, the holder of the license may not operate a motor vehicle that​ is carrying more than three passengers who are under the age of 20 years and who are not members of the​ holder's immediate family. This paragraph does not apply if the provisional license holder is accompanied​ by a parent or guardian.​

(d) For the first six months of provisional licensure, a provisional license holder may operate a motor​ vehicle between the hours of midnight and 5:00 a.m. only when the license holder is:​

(1) driving between the license holder's home and place of employment;​

(2) driving between the license holder's home and a school event for which the school has not provided​ transportation;​

(3) driving for employment purposes; or​

(4) accompanied by a licensed driver at least 25 years of age.​

History: 1998 c 388 s 13; 2000 c 478 art 2 s 7; 2002 c 371 art 1 s 54; 2004 c 177 s 3; 1Sp2005 c 6 art​ 3 s 65; 2006 c 260 art 2 s 16; 2008 c 350 art 1 s 56; 2009 c 165 s 6; 2010 c 269 art 1 s 3; 2014 c 261 s 4;​ 2017 c 83 art 3 s 18​

171.06 APPLICATION FOR LICENSE, PERMIT, IDENTIFICATION CARD; FEES.​

Subdivision 1. Application format and requirements. Every application for a Minnesota identification​ card, including an enhanced identification card, or for a driver's license, including an instruction permit, a​ provisional license, and an enhanced driver's license, must be made in a format approved by the department.​ Every application must be accompanied by payment of the proper fee. All applicants must sign the application​ and declare, under penalty of perjury, that the information and documentation presented in the application​ is true and correct. All applications requiring evidence of legal presence in the United States or United States​ citizenship must be signed in the presence of the person authorized to accept the application, or the signature​ on the application may be verified by a notary public.​

[See Note.]​

Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows:​

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REAL ID Compliant or​ Noncompliant Classified​ Driver's License​ D-$21.00​ C-$25.00​ B-$32.00​ A-$40.00​ REAL ID Compliant or​ Noncompliant Classified​ Under-21 D.L.​ D-$21.00​ C-$25.00​ B-$32.00​ A-$20.00​ Enhanced Driver's License​ D-$36.00​ C-$40.00​ B-$47.00​ A-$55.00​ REAL ID Compliant or​ Noncompliant Instruction Permit​ $5.25​ Enhanced Instruction Permit​ $20.25​ Commercial Learner's Permit​ $2.50​ REAL ID Compliant or​ Noncompliant Provisional​ License​ $8.25​ Enhanced Provisional License​ $23.25​ Duplicate REAL ID Compliant​ or Noncompliant License or​ duplicate REAL ID Compliant​ or Noncompliant identification​ card​ $6.75​ Enhanced Duplicate License or​ enhanced duplicate identification​ card​ $21.75​ REAL ID Compliant or​ Noncompliant Minnesota​ identification card or REAL ID​ Compliant or Noncompliant​ Under-21 Minnesota​ identification card, other than​ duplicate, except as otherwise​ provided in section 171.07,​ subdivisions 3 and 3a​ $11.25​ Enhanced Minnesota​ identification card​ $26.25​

From August 1, 2019, to June 30, 2022, the fee is increased by $0.75 for REAL ID compliant or noncompliant​ classified driver's licenses, REAL ID compliant or noncompliant classified under-21 driver's licenses, and​ enhanced driver's licenses.​

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(b) In addition to each fee required in paragraph (a), the commissioner shall collect a surcharge of $2.25.​ Surcharges collected under this paragraph must be credited to the driver and vehicle services technology​ account under section 299A.705.​

(c) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record​ free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53,​ or section 171.177, (2) convictions for crash-related moving violations, and (3) convictions for moving​ violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21​ driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.​

(d) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect​ an additional $4 processing fee from each new applicant or individual renewing a license with a school bus​ endorsement to cover the costs for processing an applicant's initial and biennial physical examination​ certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.​

(e) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a​ filing fee as provided under section 171.061, subdivision 4.​

(f) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the​ same amount as a driver's license agent under section 171.061, subdivision 4. Revenue collected under this​ paragraph must be deposited in the driver services operating account under section 299A.705.​

(g) An application for a Minnesota identification card, instruction permit, provisional license, or driver's​ license, including an application for renewal, must contain a provision that allows the applicant to add to​ the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical​ gifts under section 171.075.​ [See Note.]​

Subd. 2a. Two-wheeled vehicle endorsement fee. (a) The fee for any duplicate driver's license obtained​ for the purpose of adding a two-wheeled vehicle endorsement is increased by $18.50 for each first such​ duplicate license and $13 for each renewal thereof. The additional fee must be paid into the state treasury​ and credited as follows:​

(1) $11 of the additional fee for each first duplicate license, and $7 of the additional fee for each renewal,​ must be credited to the motorcycle safety fund, which is hereby created; and​

(2) the remainder of the additional fee must be credited to the general fund.​

(b) All application forms prepared by the commissioner for two-wheeled vehicle endorsements must​ clearly state the amount of the total fee that is dedicated to the motorcycle safety fund.​

Subd. 2b. Never effective. See Laws 1991 c 291 art 19 s 11​

Subd. 3. Contents of application; other information. (a) An application must:​

(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii)​ designated address under section 5B.05;​

(2) as may be required by the commissioner, contain a description of the applicant and any other facts​ pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor​ vehicle with safety;​

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(3) state:​ (i) the applicant's Social Security number; or​ (ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification​ card, instruction permit, or class D provisional or driver's license, that the applicant certifies that the applicant​ is not eligible for a Social Security number;​ (4) contain a notification to the applicant of the availability of a living will/health care directive​ designation on the license under section 171.07, subdivision 7; and​ (5) include a method for the applicant to:​ (i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving​ record under section 171.12, subdivision 5a;​ (ii) indicate a desire to make an anatomical gift under paragraph (d);​ (iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c; and​ (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.​ (b) Applications must be accompanied by satisfactory evidence demonstrating:​ (1) identity, date of birth, and any legal name change if applicable; and​ (2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID​ Act:​ (i) principal residence address in Minnesota, including application for a change of address, unless the​ applicant provides a designated address under section 5B.05;​ (ii) Social Security number, or related documentation as applicable; and​ (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.​ (c) An application for an enhanced driver's license or enhanced identification card must be accompanied​ by:​ (1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship;​ and​ (2) a photographic identity document.​ [See Note.]​ Subd. 3a. Middle name. For the purposes of subdivision 3, and section 171.07, subdivision 1, the full​ name of a married applicant may include, at the option of the applicant, the applicant's family name prior​ to marriage instead of the applicant's given middle name, notwithstanding the middle name specified on the​ applicant's marriage certificate.​ Subd. 3b. Information for applicants. (a) The commissioner must develop summary information on​ identity document options. The summary information must be available on the department's website and at​ every location where a person may apply for an enhanced, REAL ID compliant, or noncompliant driver's​ license or identification card.​

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(b) The summary information must, at a minimum, include:​ (1) each available type of driver's license and Minnesota identification card, including a noncompliant​ license or identification card, an enhanced driver's license, and an enhanced identification card;​ (2) the official purposes of and limitations on use for each type of driver's license and Minnesota​ identification card; and​ (3) an overview of data shared outside the state, including through electronic validation or verification​ systems, as part of the application and issuance of each type.​ (c) The commissioner must ensure that the summary information is available to driver's license and​ identification card applicants. Renewal notifications mailed to driver's license and identification card holders​ must include the website address that displays the summary information.​ (d) An applicant for an enhanced or noncompliant license or identification card must sign an​ acknowledgment that the applicant understands the limitations on use of the license or card.​ (e) If the applicant does not indicate a desire to make an anatomical gift when the application is made,​ the applicant must be offered a donor document in accordance with section 171.07, subdivision 5. The​ application must contain statements sufficient to comply with the requirements of the Darlene Luther Revised​ Uniform Anatomical Gift Act, chapter 525A, so that execution of the application or donor document will​ make the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a desire to make​ an anatomical gift. The application must be accompanied by information describing Minnesota laws regarding​ anatomical gifts and the need for and benefits of anatomical gifts, and the legal implications of making an​ anatomical gift, including the law governing revocation of anatomical gifts. The commissioner shall distribute​ a notice that must accompany all applications for and renewals of a driver's license or Minnesota identification​ card. The notice must be prepared in conjunction with a Minnesota organ procurement organization that is​ certified by the federal Department of Health and Human Services and must include:​ (1) a statement that provides a fair and reasonable description of the organ donation process, the care​ of the donor body after death, and the importance of informing family members of the donation decision;​ and​ (2) a telephone number in a certified Minnesota organ procurement organization that may be called with​ respect to questions regarding anatomical gifts.​ (f) The application must be accompanied also by information containing relevant facts relating to:​ (1) the effect of alcohol on driving ability;​ (2) the effect of mixing alcohol with drugs;​ (3) the laws of Minnesota relating to operation of a motor vehicle while under the influence of alcohol​ or a controlled substance; and​ (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for alcohol-related​ violations.​ [See Note.]​ Subd. 4. [Repealed, 1997 c 250 s 17]​ Subd. 5. [Repealed, 1979 c 150 s 2]​

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Subd. 6. Compliance with selective service system registration requirements. (a) By applying for​ an original, duplicate, or renewal instruction permit, provisional driver's license, driver's license, enhanced​ driver's license, commercial driver's license, state identification card, or enhanced identification card, an​ applicant under the age of 26, who is a United States citizen or resident, consents to registration in compliance​ with the requirements of the Military Selective Service Act, United States Code, title 50, appendix, section​ 453. The application form must state that submission of the application constitutes consent to registration​ with the selective service system, if required by federal law.​ (b) The commissioner shall forward to the selective service system in an electronic format the necessary​ personal information required for registration of an applicant described in paragraph (a). If the applicant is​ under the age of 18, and the license or card to be issued will expire after the applicant's 18th birthday, then​ the commissioner shall forward the necessary information to the selective service system when the applicant​ reaches the age of 18.​ History: (2720-144c) 1939 c 401 s 6; 1949 c 689 s 1,2; 1955 c 798 s 1,2; 1957 c 564 s 2,3; 1959 c 634​ s 1; 1965 c 36 s 1; 1971 c 129 s 1; 1971 c 625 s 2; 1971 c 644 s 8,9; 1971 c 659 s 1; 1973 c 59 s 1; 1973 c​ 698 s 1-3; 1978 c 628 s 1; 1981 c 363 s 31-35; 1982 c 583 s 1; 1985 c 291 s 20; 1986 c 330 s 1; 1986 c​ 444; 1Sp1986 c 3 art 1 s 82; 1987 c 358 s 111; 1987 c 383 s 14; 1988 c 715 s 2; 1989 c 301 s 6; 1989 c 307​ s 20,21; 1990 c 509 s 1; 1990 c 510 s 1; 1990 c 529 s 8; 1990 c 573 s 21; 1991 c 202 s 13; 1991 c 233 s​ 60; 1991 c 291 art 19 s 1,11; 1992 c 464 art 1 s 23; 1993 c 166 s 1; 1993 c 266 s 21,22; 1994 c 501 s 3;​ 1994 c 536 s 22; 1994 c 632 art 1 s 5; 1995 c 265 art 2 s 19; 1996 c 275 s 5,6; 1997 c 13 s 1; 1997 c 60 s​ 1; 1997 c 159 art 2 s 32; 1997 c 250 s 9,18; 3Sp1997 c 3 s 2; 1998 c 388 s 14-16; 1999 c 86 art 1 s 83;​ 2000 c 478 art 2 s 7; 2000 c 489 art 6 s 32; 2002 c 349 s 1; 2002 c 371 art 1 s 55,56; 1Sp2003 c 14 art 10​ s 3; 2004 c 192 s 1; 1Sp2005 c 6 art 2 s 37; art 3 s 66; 2007 c 120 art 2 s 4; 2007 c 143 art 3 s 4; 2008 c​ 227 s 6; 2008 c 363 art 11 s 8; 2009 c 94 art 3 s 10; 2010 c 316 s 5-8,18; 2011 c 80 s 2; 2011 c 117 s 3;​ 1Sp2011 c 3 art 3 s 8; 2014 c 312 art 11 s 20; 2017 c 76 s 7-10,25; 2017 c 83 art 3 s 18; 1Sp2017 c 3 art​ 3 s 74; 1Sp2019 c 3 art 2 s 30; art 3 s 74​ NOTE: (a) The amendments to subdivisions 1, 2, and 3, by Laws 2017, chapter 76, sections 7 to 9, and​ subdivision 3b, as added by Laws 2017, chapter 76, section 10, were effective May 19, 2017, and apply to​ driver's licenses and Minnesota identification cards applied for and issued on or after October 1, 2018. Laws​ 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendments to subdivisions​ 1, 2, and 3, by Laws 2017, chapter 76, sections 7 to 9, and subdivision 3b, as added by Laws 2017, chapter​ 76, section 10, are repealed on June 30 of the following year. Laws 2017, chapter 76, section 27.​ 171.0605 EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.​ Subdivision 1. Scope and application. This section applies only to driver's licenses and Minnesota​ identification cards that meet all requirements of the REAL ID Act. Except as otherwise provided under this​ section, the requirements of Minnesota Rules, chapter 7410, or successor rules, apply.​ Subd. 2. Evidence; identity; date of birth. (a) Only the following is satisfactory evidence of an​ applicant's identity and date of birth under section 171.06, subdivision 3, paragraph (b):​ (1) a driver's license or identification card that:​ (i) complies with all requirements of the REAL ID Act;​ (ii) is not designated as temporary or limited term; and​

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(iii) is current or has been expired for five years or less;​ (2) a valid, unexpired United States passport, including a passport booklet or passport card, issued by​ the United States Department of State;​ (3) a certified copy of a birth certificate issued by a government bureau of vital statistics or equivalent​ agency in the applicant's state of birth, which must bear the raised or authorized seal of the issuing government​ entity;​ (4) a consular report of birth abroad, certification of report of birth, or certification of birth abroad,​ issued by the United States Department of State, Form FS-240, DS-1350, or FS-545;​ (5) a valid, unexpired permanent resident card issued by the United States Department of Homeland​ Security or the former Immigration and Naturalization Service of the United States Department of Justice,​ Form I-551;​ (6) a certificate of naturalization issued by the United States Department of Homeland Security, Form​ N-550 or Form N-570;​ (7) a certificate of citizenship issued by the United States Department of Homeland Security, Form​ N-560 or Form N-561;​ (8) an unexpired employment authorization document issued by the United States Department of​ Homeland Security, Form I-766 or Form I-688B;​ (9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United States visa​ accompanied by documentation of the applicant's most recent lawful admittance into the United States;​ (10) a document as designated by the United States Department of Homeland Security under Code of​ Federal Regulations, title 6, part 37.11 (c)(1)(x);​ (11) a copy of the applicant's certificate of marriage certified by the issuing government jurisdiction;​ (12) a certified copy of a court order that specifies the applicant's name change; or​ (13) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name​ change, issued by a court.​ (b) A document under paragraph (a) must be legible and unaltered.​ Subd. 3. Evidence; lawful status. Only a form of documentation identified under subdivision 2 or a​ document issued by a federal agency that demonstrates the applicant's lawful status are satisfactory evidence​ of an applicant's lawful status under section 171.06, subdivision 3, paragraph (b), clause (2).​ Subd. 4. Evidence; Social Security number. The following is satisfactory evidence of an applicant's​ Social Security number or related documentation under section 171.06, subdivision 3, paragraph (b):​ (1) a Social Security card;​ (2) if a Social Security card is not available:​ (i) a federal Form W-2;​ (ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social Security number;​ or​

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(iii) a computer-printed United States employment pay stub with the applicant's name, address, and​ Social Security number; or​ (3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause (9), documentation​ demonstrating nonwork authorized status.​ Subd. 5. Evidence; residence in Minnesota. (a) Submission of two forms of documentation from the​ following is satisfactory evidence of an applicant's principal residence address in Minnesota under section​ 171.06, subdivision 3, paragraph (b):​ (1) a home utility services bill issued no more than 12 months before the application;​ (2) a home utility services hook-up work order issued no more than 12 months before the application;​ (3) United States bank or financial information issued no more than 12 months before the application,​ with account numbers redacted, including:​ (i) a bank account statement;​ (ii) a credit card or debit card statement;​ (iii) a brokerage account statement; or​ (iv) a money market account statement;​ (4) a certified transcript from a United States high school, if issued no more than 180 days before the​ application;​ (5) a certified transcript from a Minnesota college or university, if issued no more than 180 days before​ the application;​ (6) an employment pay stub issued no more than 12 months before the application that lists the employer's​ name and address;​ (7) a Minnesota unemployment insurance benefit statement issued no more than 12 months before the​ application;​ (8) a statement from a housing with services building registered under chapter 144D, nursing home​ licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to 144.56, that was​ issued no more than 12 months before the application;​ (9) a current policy or card for health, automobile, homeowner's, or renter's insurance;​ (10) a federal or state income tax return for the most recent tax filing year;​ (11) a Minnesota property tax statement for the current or prior calendar year or a proposed Minnesota​ property tax notice for the current year that shows the applicant's principal residential address both on the​ mailing portion and the portion stating what property is being taxed;​ (12) a Minnesota vehicle certificate of title;​ (13) a filed property deed or title for current residence;​ (14) a Supplemental Security Income award statement issued no more than 12 months before the​ application;​

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(15) mortgage documents for the applicant's principal residence;​ (16) a residential lease agreement for the applicant's principal residence issued no more than 12 months​ before the application;​ (17) a valid driver's license, including an instruction permit, issued under this chapter;​ (18) a valid Minnesota identification card;​ (19) an unexpired Minnesota professional license;​ (20) an unexpired Selective Service card;​ (21) military orders that are still in effect at the time of application;​ (22) a cellular phone bill issued no more than 12 months before the application; or​ (23) a valid license issued pursuant to the game and fish laws.​ (b) In lieu of one of the two documents required by paragraph (a), an applicant under the age of 18 may​ use a parent or guardian's proof of principal residence as provided in this paragraph. The parent or guardian​ of the applicant must provide a document listed under paragraph (a) that includes the parent or guardian's​ name and the same address as the address on the document provided by the applicant. The parent or guardian​ must also certify that the applicant is the child of the parent or guardian and lives at that address.​ (c) A document under paragraph (a) must include the applicant's name and principal residence address​ in Minnesota.​ Subd. 6. Exceptions process. (a) The commissioner may grant a variance from the requirements of this​ section as provided under Minnesota Rules, part 7410.0600, or successor rules, for evidence of:​ (1) identity or date of birth under subdivision 2;​ (2) lawful status under subdivision 3, only for demonstration of United States citizenship;​ (3) Social Security number under subdivision 4; and​ (4) residence in Minnesota under subdivision 5.​ (b) The commissioner must not grant a variance for an applicant having a lawful temporary admission​ period.​ History: 2017 c 76 s 11; 2020 c 71 art 2 s 9​ NOTE: (a) This section, as added by Laws 2017, chapter 76, section 11, was effective May 19, 2017,​ and applies to driver's licenses and Minnesota identification cards applied for and issued on or after October​ 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, this section, as added by​ Laws 2017, chapter 76, section 11, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​ 171.061 DRIVER'S LICENSE AGENT.​ Subdivision 1. Definitions. For purposes of this section:​

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(1) "applicant" means an individual applying for a driver's license, provisional license, restricted license,​ duplicate license, instruction permit, Minnesota identification card, or motorized bicycle operator's permit;​ and​

(2) "application" refers to an application for a driver's license, provisional license, restricted license,​ duplicate license, instruction permit, Minnesota identification card, or motorized bicycle operator's permit.​

Subd. 2. Appointment and discontinuance. (a) The commissioner of public safety may appoint an​ individual, and for cause discontinue the appointment of an agent, to serve as a driver's license agent.​

(b) A county board may appoint an individual, and for cause discontinue the appointment of an agent,​ to serve as an agent, pursuant to sections 373.32 to 373.38, with the approval of the commissioner. If a​ county board does not discontinue an agent's appointment, although cause for discontinuance exists, the​ commissioner may discontinue the appointment. If a county board does not appoint an individual, the​ commissioner may establish an office and appoint an individual to accept applications as the public interest​ and convenience may require.​

(c) The county board is responsible for the acts of an agent appointed by the board and for forwarding​ to the department all applications accepted and fees collected by the agent as required by the department.​

Subd. 3. Application. An applicant may file an application with an agent. The agent shall receive and​ accept applications in accordance with the laws and rules of the Department of Public Safety for a​ noncompliant driver's license or identification card; an enhanced driver's license or identification card; a​ REAL ID compliant driver's license or identification card; restricted license; duplicate license; instruction​ permit; or motorized bicycle operator's permit. Application records must be maintained at the office of the​ agent in a manner that complies with sections 13.05, subdivision 5, and 13.055. As an alternative to paper​ copy storage, an agent may retain records and documents in a secure electronic medium that complies with​ the security requirements under the United States Federal Bureau of Investigation, Criminal Justice Information​ Services Division, Policy 5.4 or any successor policy, provided 60 days have elapsed since the transaction​ and subject to standards established by the commissioner. The agent is responsible for all costs associated​ with the conversion to electronic records and maintenance of the electronic storage medium, including the​ destruction of existing paper records after conversion to the electronic format. All queries and responses in​ the secure electronic medium, and all actions in which data are entered, updated, accessed, or shared or​ disseminated by the agent must be contained in a data audit trail. Data contained in the audit trail are public​ to the extent the data are not otherwise classified under this section.​

[See Note.]​

Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $8 for each application.​ Except as provided in paragraph (c), the fee shall cover all expenses involved in receiving, accepting, or​ forwarding to the department the applications and fees required under sections 171.02, subdivision 3; 171.06,​ subdivisions 2 and 2a; and 171.07, subdivisions 3 and 3a.​

(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid by credit card or​ debit card. The driver's license agent may collect a convenience fee on the statutory fees and filing fees not​ greater than the cost of processing a credit card or debit card transaction. The convenience fee must be used​ to pay the cost of processing credit card and debit card transactions. The commissioner shall adopt rules to​ administer this paragraph using the exempt procedures of section 14.386, except that section 14.386, paragraph​ (b), does not apply.​

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(c) The department shall maintain the photo identification equipment for all agents appointed as of​ January 1, 2000. Upon the retirement, resignation, death, or discontinuance of an existing agent, and if a​ new agent is appointed in an existing office pursuant to Minnesota Rules, chapter 7404, and notwithstanding​ the above or Minnesota Rules, part 7404.0400, the department shall provide and maintain photo identification​ equipment without additional cost to a newly appointed agent in that office if the office was provided the​ equipment by the department before January 1, 2000. All photo identification equipment must be compatible​ with standards established by the department.​ (d) A filing fee retained by the agent employed by a county board must be paid into the county treasury​ and credited to the general revenue fund of the county. An agent who is not an employee of the county shall​ retain the filing fee in lieu of county employment or salary and is considered an independent contractor for​ pension purposes, coverage under the Minnesota State Retirement System, or membership in the Public​ Employees Retirement Association.​ (e) Before the end of the first working day following the final day of the reporting period established​ by the department, the agent must forward to the department all applications and fees collected during the​ reporting period except as provided in paragraph (d).​ Subd. 5. Discontinuance or transfer of appointment. (a) An agent shall notify the department no less​ than 30 days before the discontinuance of service.​ (b) In the event of the notice specified in paragraph (a); death or retirement of the agent; or revocation​ or discontinuance of the appointment of the agent by the county board or commissioner, the appointment​ terminates and all equipment provided by the department reverts to the department.​ Subd. 6. Rules. The commissioner shall adopt rules that prescribe:​ (1) criteria, procedures, and requirements for appointing an individual as an agent of the commissioner;​ (2) criteria for establishment, operation, management, location, and movement of a license application​ office;​ (3) standards for the uniform administration of laws and rules governing the receipt of applications and​ fees for applications;​ (4) number of applications to be processed;​ (5) standards for submitting applications including valid forms of identification, depositing funds,​ maintaining records, and holding proper bonds; and​ (6) standards for discontinuing the individual's appointment and for enforcement action.​ History: 1997 c 250 s 10; 1999 c 86 art 1 s 41; 1999 c 238 art 2 s 26; 2000 c 479 art 1 s 18; 1Sp2005​ c 6 art 2 s 38; 2012 c 287 art 4 s 34; 2013 c 117 art 3 s 11; 2017 c 76 s 12; 1Sp2017 c 3 art 3 s 75​ NOTE: (a) The amendment to subdivision 3 by Laws 2017, chapter 76, section 12, was effective May​ 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or​ after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to subdivision​ 3 by Laws 2017, chapter 76, section 12, is repealed on June 30 of the following year. Laws 2017, chapter​ 76, section 27.​

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171.066 ENHANCED DRIVER'S LICENSE FOR EMPLOYMENT.​ No employer may require an employee to apply for or use an enhanced driver's license as a condition​ of employment, nor may an employer discharge an employee or otherwise discriminate or retaliate against​ an employee who refuses to apply for or use an enhanced driver's license.​ History: 2010 c 316 s 4,18​ 171.068 ENHANCED IDENTIFICATION CARD FOR EMPLOYMENT.​ No employer may require an employee to apply for or use an enhanced identification card as a condition​ of employment, nor may an employer discharge an employee or otherwise discriminate or retaliate against​ an employee who refuses to apply for or use an enhanced identification card.​ History: 2010 c 316 s 10,18​ 171.07 INFORMATION ON LICENSE AND IDENTIFICATION CARD.​ Subdivision 1. License; contents and design. (a) Upon the payment of the required fee, the department​ shall issue to every qualifying applicant a license designating the type or class of vehicles the applicant is​ authorized to drive as applied for. This license must bear: (1) a distinguishing number assigned to the licensee;​ (2) the licensee's full name and date of birth; (3) either (i) the licensee's residence address, or (ii) the designated​ address under section 5B.05; (4) a description of the licensee in a manner as the commissioner deems​ necessary; (5) the usual signature of the licensee; and (6) designations and markings as provided in this​ section. No license is valid unless it bears the usual signature of the licensee. Every license must bear a​ colored photograph or an electronically produced image of the licensee.​ (b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed​ on the license, then the applicant shall provide verification from the United States Postal Service that mail​ will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate​ mailing address. When an applicant provides an alternate mailing address under this subdivision, the​ commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices​ and mailings to the applicant.​ (c) Every license issued to an applicant under the age of 21 must be of a distinguishing color and plainly​ marked "Under-21."​ (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if requested by the​ applicant.​ (e) Except for a noncompliant license, a license must bear a distinguishing indicator for compliance​ with requirements of the REAL ID Act.​ (f) A noncompliant license must:​ (1) be marked "not for federal identification" on the face and in the machine-readable portion; and​ (2) have a unique design or color indicator.​ (g) A license issued to a person with temporary lawful status must be marked "temporary" on the face​ and in the machine-readable portion.​ (h) A license must display the licensee's full name or no fewer than 39 characters of the name. Any​ necessary truncation must begin with the last character of the middle name and proceed through the second​

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[See Note.]​

Subd. 1a. Filing photograph or image; data classification. The department shall file, or contract to​ file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses​ or Minnesota identification cards. The photographs or electronically produced images shall be private data​ pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3, the department​ shall not be required to provide copies of photographs or electronically produced images to data subjects.​ The use of the files is restricted:​

(1) to the issuance and control of drivers' licenses;​

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and​ prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons,​ investigation and preparation of cases for criminal, juvenile, and traffic court, location of individuals required​ to register under section 243.166 or 243.167, and supervision of offenders;​

(3) to public defenders, as defined in section 611.272, for the investigation and preparation of cases for​ criminal, juvenile, and traffic courts;​

(4) to child support enforcement purposes under section 256.978; and​

(5) to a county medical examiner or coroner as required by section 390.005 as necessary to fulfill the​ duties under sections 390.11 and 390.25.​

Subd. 1b. Commercial driver's license. Each class C, class B, or class A driver's license must be clearly​ marked "Minnesota Commercial Driver's License."​

Subd. 2. Limitations on issuing license. The department shall not issue a class B or class A license to​ anyone who does not have or has not qualified for a class D license. A class A license shall not be issued to​ anyone under 18 years of age.​

Subd. 3. Identification card; content and design; fee. (a) Upon payment of the required fee, the​ department shall issue to every qualifying applicant a Minnesota identification card. The department may​ not issue a Minnesota identification card to an individual who has a driver's license, other than a limited​ license. The department may not issue an enhanced identification card to an individual who is under 16​ years of age, not a resident of this state, or not a citizen of the United States of America. The card must bear:​ (1) a distinguishing number assigned to the applicant; (2) a colored photograph or an electronically produced​ image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the licensee's residence​ address, or (ii) the designated address under section 5B.05; (5) a description of the applicant in the manner​ as the commissioner deems necessary; (6) the usual signature of the applicant; and (7) designations and​ markings provided under this section.​

(b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed​ on the Minnesota identification card, then the applicant shall provide verification from the United States​ Postal Service that mail will not be delivered to the applicant's residence address and that mail will be​ delivered to a specified alternate mailing address. When an applicant provides an alternate mailing address​ under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's​ residence address for all notices and mailings to the applicant.​

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(c) Each identification card issued to an applicant under the age of 21 must be of a distinguishing color​ and plainly marked "Under-21."​

(d) Each Minnesota identification card must be plainly marked "Minnesota identification card - not a​ driver's license."​

(e) Except for a noncompliant identification card, a Minnesota identification card must bear a​ distinguishing indicator for compliance with requirements of the REAL ID Act.​

(f) A noncompliant identification card must:​

(1) be marked "not for federal identification" on the face and in the machine-readable portion; and​

(2) have a unique design or color indicator.​

(g) A Minnesota identification card issued to a person with temporary lawful status must be marked​ "temporary" on the face and in the machine-readable portion.​

(h) A Minnesota identification card must display the cardholder's full name or no fewer than 39 characters​ of the name. Any necessary truncation must begin with the last character of the middle name and proceed​ through the second letter of the middle name, followed by the last character of the first name and proceeding​ through the second letter of the first name.​

(i) The fee for a Minnesota identification card is 50 cents when issued to a person who is developmentally​ disabled, as defined in section 252A.02, subdivision 2; a physically disabled person, as defined in section​ 169.345, subdivision 2; or, a person with mental illness, as described in section 245.462, subdivision 20,​ paragraph (c).​

[See Note.]​

Subd. 3a. Identification cards for seniors. A Minnesota identification card issued to an applicant 65​ years of age or over shall be of a distinguishing color and plainly marked "senior." The fee for the card​ issued to an applicant 65 years of age or over shall be one-half the required fee for a class D driver's license​ rounded down to the nearest quarter dollar. A Minnesota identification card or a Minnesota driver's license​ issued to a person 65 years of age or over shall be valid identification for the purpose of qualifying for​ reduced rates, free licenses or services provided by any board, commission, agency or institution that is​ wholly or partially funded by state appropriations. This subdivision does not apply to an enhanced​ identification card issued to an applicant age 65 or older.​

Subd. 4. Identification card expiration. (a) Except as otherwise provided in this subdivision, the​ expiration date of a Minnesota identification card is the birthday of the applicant in the fourth year following​ the date of issuance of the card.​

(b) For an applicant age 65 or older:​

(1) the expiration date of a Minnesota identification card is the birthday of the applicant in the eighth​ year following the date of issuance of the card; or​

(2) a noncompliant identification card is valid for the lifetime of the applicant.​

(c) For the purposes of paragraph (b), "Minnesota identification card" does not include an enhanced​ identification card issued to an applicant age 65 or older.​

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(d) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. The​ commissioner shall issue an identification card to a holder of an Under-21 identification card who applies​ for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines​ that the applicant is not qualified for the identification card.​ (e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card issued to a person​ with temporary lawful status is the last day of the person's legal stay in the United States, or one year after​ issuance if the last day of the person's legal stay is not identified.​ [See Note.]​ Subd. 5. Anatomical gift; donor document. The department shall offer a donor document to each​ person making application for a driver's license or a Minnesota identification card who indicates a desire​ not to make a decision about making an anatomical gift at the time the application is made. The commissioner​ of public safety shall prescribe the form of the donor document and the application for a driver's license or​ a Minnesota identification card. The forms must be designed so that execution by the applicant of the donor​ document or application will make an anatomical gift under the Darlene Luther Revised Uniform Anatomical​ Gift Act, chapter 525A. If the donor is 18 years of age or older, the donor document or application must be​ signed by the donor. If the donor cannot sign, the donor document or application may be signed for the​ donor at the donor's direction, in the donor's presence, and in the presence of two witnesses who must sign​ the donor document or application in the donor's presence. If the donor is a minor, the donor document or​ application must be signed by the minor donor, and one of the minor donor's parents, a legal guardian, or a​ parent having legal custody. If the minor cannot sign, the donor document or application may not be signed​ for the minor. The department shall identify donors of anatomical gifts by the designation "donor" on the​ front side of the donor's driver's license or Minnesota identification card. The issuance of a driver's license​ or Minnesota identification card identifying the person as a "donor" completes the donation process and the​ license or identification card constitutes the final donor record. The department is not required to keep the​ physical record of the donor card or application after issuing the driver's license or identification card for​ the donation to be valid. The department shall maintain a computer record of donors. Revocation, suspension,​ expiration, or cancellation of the license does not invalidate the anatomical gift. The designation "donor"​ constitutes sufficient legal authority for the removal of all body organs or parts upon death of the donor for​ the purpose of transplantation. The donor designation may be removed only upon written notice to the​ department. Delivery of the license or Minnesota identification card during the donor's lifetime is not​ necessary to make the gift valid.​ Subd. 6. Medical alert identifier. Upon the written request of the applicant, the department shall issue​ a driver's license or Minnesota identification card bearing a graphic or written medical alert identifier. The​ applicant must request the medical alert identifier at the time the photograph or electronically produced​ image is taken. No specific medical information will be contained on the driver's license or Minnesota​ identification card.​ Subd. 6a. Autism spectrum identifier. Upon the written request of the applicant, the commissioner​ must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for an​ autism spectrum disorder, as defined in section 62A.3094, subdivision 1, paragraph (b). The applicant must​ submit the written request for the identifier at the time the photograph or electronically produced image is​ taken. The commissioner must not include any specific medical information on the driver's license or​ Minnesota identification card.​ Subd. 6b. Mental health identifier. Upon the written request of the applicant, the commissioner must​ issue a driver's license or Minnesota identification card bearing a graphic or written identifier for a mental​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 41​ MINNESOTA STATUTES 2020​ 171.07​ health condition. The applicant must submit the written request for the identifier at the time the photograph​ or electronically produced image is taken. The commissioner must not include any specific medical​ information on the driver's license or Minnesota identification card.​

Subd. 7. Living Will/Health Care Directive designation. (a) At the written request of the applicant​ and on payment of the required fee, the department shall issue, renew, or reissue a driver's license or Minnesota​ identification card bearing the graphic or written designation of a Living Will/Health Care Directive. The​ designation does not constitute delivery of a health care declaration under section 145B.05.​

(b) On payment of the required fee, the department shall issue a replacement or renewal license or​ identification card without the designation if requested by the applicant.​

(c) This subdivision does not impose any additional duty on a health care provider, as defined in section​ 145B.02, subdivision 6, or 145C.01, subdivision 6, beyond the duties imposed in chapter 145B or 145C.​

(d) For the purposes of this subdivision:​

(1) "living will" means a declaration made under section 145B.03; and​

(2) "health care directive" means a durable power of attorney for health care under section 145C.02, or​ any other written advance health care directive of the applicant that is authorized by statute or not prohibited​ by law.​

Subd. 8. Certification; school bus safety laws. Before a driver's license may be issued or renewed, an​ applicant for a driver's license or renewal shall certify by signature that the applicant is aware of the duties​ and responsibilities required of drivers under section 169.444 to guard against jeopardizing the safety of​ school children around school buses and the penalties for violating that section. A failure to make this​ certification does not bar a prosecution for violation of section 169.444.​

Subd. 9. Improved security. The commissioner shall develop new drivers' licenses and identification​ cards, to be issued beginning January 1, 1994, that must be as impervious to alteration as is reasonably​ practicable in their design and quality of material and technology. The driver's license security laminate​ shall be made from materials not readily available to the general public. The design and technology employed​ must enable the driver's license and identification card to be subject to two or more methods of visual​ verification capable of clearly indicating the presence of tampering or counterfeiting. The driver's license​ and identification card must not be susceptible to reproduction by photocopying or simulation and must be​ highly resistant to data or photograph substitution and other tampering.​

Subd. 9a. Security features. (a) A driver's license or identification card must include reasonable security​ measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate detection of fraud;​ prohibit the ability to superimpose a photograph or electronically produced image; and protect against​ unauthorized disclosure of personal information contained in the driver's license or identification card. The​ driver's license must include the best available anticounterfeit laminate technology.​

(b) An enhanced driver's license or enhanced identification card may include radio frequency identification​ technology that is limited to a randomly assigned number, which must be encrypted if agreed to by the​ United States Department of Homeland Security and does not include biometric data or any information​ other than the citizenship status of the license holder or cardholder. The commissioner shall ensure that the​ radio frequency identification technology is secure from unauthorized data access. An applicant must sign​ an acknowledgment of understanding of the radio frequency identification technology and its use for the​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.07​ MINNESOTA STATUTES 2020​ 42​ sole purpose of verifying United States citizenship before being issued an enhanced driver's license or an​ enhanced identification card.​ [See Note.]​

Subd. 10. Agreement with other agency. (a) The commissioner of public safety is authorized to enter​ into agreements with other agencies to issue cards to clients of those agencies for use in their programs. The​ cards may be issued to persons who do not qualify for a Minnesota driver's license or do not provide evidence​ of name and identity as required by rule for a Minnesota identification card. Persons issued cards under this​ subdivision will meet the identification verification requirements of the contracting agency.​

(b) The interagency agreement may include provisions for the payment of the county fee provided in​ section 171.061, subdivision 4, and the actual cost to manufacture the card.​

(c) Cards issued under this subdivision are not Minnesota identification cards for the purposes defined​ in sections 48.512, 201.061, 201.161, 340A.503, and 604.113.​

Subd. 11. Standby or temporary custodian. (a) Upon the written request of the applicant and upon​ payment of an additional fee of $4.25, the department shall issue a driver's license or Minnesota identification​ card bearing a symbol or other appropriate identifier indicating that the license holder has appointed an​ individual to serve as a standby or temporary custodian under chapter 257B.​

(b) The request must be accompanied by a copy of the designation executed under section 257B.04.​

(c) The department shall maintain a computerized records system of all individuals listed as standby or​ temporary custodians by driver's license and identification card applicants. This data must be released to​ appropriate law enforcement agencies under section 13.69. Upon a parent's request and payment of a fee of​ $4.25, the department shall revise its list of standby or temporary custodians to reflect a change in the​ appointment.​

(d) At the request of the license or cardholder, the department shall cancel the standby or temporary​ custodian indication without additional charge. However, this paragraph does not prohibit a fee that may be​ applicable for a duplicate or replacement license or card, renewal of a license, or other service applicable​ to a driver's license or identification card.​

(e) Notwithstanding sections 13.08, subdivision 1, and 13.69, the department and department employees​ are conclusively presumed to be acting in good faith when employees rely on statements made, in person​ or by telephone, by persons purporting to be law enforcement and subsequently release information described​ in paragraph (b). When acting in good faith, the department and department personnel are immune from​ civil liability and not subject to suit for damages resulting from the release of this information.​

(f) The department and its employees:​

(1) have no duty to inquire or otherwise determine whether a designation submitted under this subdivision​ is legally valid and enforceable; and​

(2) are immune from all civil liability and not subject to suit for damages resulting from a claim that the​ designation was not legally valid and enforceable.​

(g) Of the fees received by the department under this subdivision:​

(1) Up to $61,000 received must be deposited in the general fund.​

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(2) All other fees must be deposited in the driver services operating account in the special revenue fund​ specified in section 299A.705.​

Subd. 12. Snowmobile safety certificate. (a) The department shall maintain in its records information​ transmitted electronically from the commissioner of natural resources identifying each person to whom the​ commissioner has issued a snowmobile safety certificate. The records transmitted from the Department of​ Natural Resources must contain the full name and date of birth as required for the driver's license or​ identification card. Records that are not matched to a driver's license or identification card record may be​ deleted after seven years.​

(b) After receiving information under paragraph (a) that a person has received a snowmobile safety​ certificate, the department shall include, on all drivers' licenses or Minnesota identification cards subsequently​ issued to the person, a graphic or written indication that the person has received the certificate.​

(c) If a person who has received a snowmobile safety certificate applies for a driver's license or Minnesota​ identification card before that information has been transmitted to the department, the department may accept​ a copy of the certificate as proof of its issuance and shall then follow the procedures in paragraph (b).​

Subd. 13. Firearms safety designation. (a) When an applicant has a record transmitted to the department​ as described in paragraph (c) or presents:​

(1) a firearms safety certificate issued for successfully completing a firearms safety course administered​ under section 97B.015; or​

(2) an advanced hunter certificate issued for successfully completing an advanced hunter education​ course administered under section 97B.025,​ and requests a driver's license or identification card described in paragraph (b), the department shall issue,​ renew, or reissue to the applicant a driver's license or Minnesota identification card described in paragraph​ (b).​

(b) Pursuant to paragraph (a), the department shall issue a driver's license or Minnesota identification​ card bearing a graphic or written indication that the applicant has successfully completed a firearms safety​ course administered under section 97B.015, an advanced hunter education course administered under section​ 97B.025, or both of the described courses.​

(c) The department shall maintain in its records information transmitted electronically from the​ commissioner of natural resources identifying each person to whom the commissioner has issued a firearms​ safety certificate or an advanced hunter education certificate. The records transmitted from the Department​ of Natural Resources must contain the full name and date of birth as required for the driver's license or​ identification card. Records that are not matched to a driver's license or identification card record may be​ deleted after seven years.​

Subd. 14. Use of Social Security number. An applicant's Social Security number must not be displayed,​ encrypted, or encoded on the driver's license or Minnesota identification card or included in a magnetic strip​ or bar code used to store data on the license or Minnesota identification card. The Social Security number​ must not be used as a Minnesota driver's license or identification number.​

Subd. 15. Veteran designation. (a) At the request of an eligible applicant and on payment of the required​ fee, the department shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification​ card bearing a graphic or written designation of:​

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(1) Veteran; or​ (2) Veteran 100% T&P.​ (b) At the time of the initial application for the designation provided under this subdivision, the applicant​ must:​ (1) be a veteran, as defined in section 197.447;​ (2) have a certified copy of the veteran's discharge papers; and​ (3) if the applicant is seeking the disability designation under paragraph (a), clause (2), provide satisfactory​ evidence of a 100 percent total and permanent service-connected disability as determined by the United​ States Department of Veterans Affairs.​ (c) The commissioner of public safety is required to issue drivers' licenses and Minnesota identification​ cards with the veteran designation only after entering a new contract or in coordination with producing a​ new card design with modifications made as required by law.​ Subd. 16. Enhanced driver's license and identification card. For purposes of this section, "license"​ includes "enhanced driver's license," and "identification card" includes "enhanced identification card."​ Subd. 17. Disability designation. At the request of an applicant with permanent eligibility for a disability​ designation and on payment of the required fee, the department shall issue, renew, or reissue to the applicant​ a driver's license or Minnesota identification card bearing a physical disability designation based on the​ following medical conditions:​ (1) type 1, to an applicant who is permanently blind or disabled and meets the requirements for a free​ license to take fish under section 97A.441, subdivision 1, paragraph (a), clause (1), (4), (5), or (6); or​ (2) type 2, to an applicant who permanently meets the requirements for disability under section 97B.111,​ subdivision 1, paragraph (a), clause (1), item (i).​ Subd. 18. All-terrain vehicle safety certificate. (a) The department shall maintain in its records​ information transmitted electronically from the commissioner of natural resources identifying each person​ to whom the commissioner has issued an all-terrain vehicle safety certificate. The records transmitted from​ the Department of Natural Resources must contain the full name and date of birth as required for the driver's​ license or identification card. Records that are not matched to a driver's license or identification card record​ may be deleted after seven years.​ (b) After receiving information under paragraph (a) that a person has received an all-terrain vehicle​ safety certificate, the department shall include, on all drivers' licenses or Minnesota identification cards​ subsequently issued to the person, a graphic or written indication that the person has received the certificate.​ (c) If a person who has received an all-terrain vehicle safety certificate applies for a driver's license or​ Minnesota identification card before that information has been transmitted to the department, the department​ may accept a copy of the certificate as proof of its issuance and shall then follow the procedures in paragraph​ (b).​ Subd. 19. Resident lifetime game and fish license. (a) The department shall maintain in its records​ information transmitted electronically from the commissioner of natural resources identifying each person​ to whom the commissioner has issued a resident lifetime license under section 97A.473. The records​ transmitted from the Department of Natural Resources must contain:​

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(1) the full name and date of birth as required for the driver's license or identification card;​ (2) the person's driver's license or identification card number;​ (3) the category of lifetime license issued under section 97A.473; and​ (4) the Department of Natural Resources customer identification number.​ (b) The department may delete records described in paragraph (a) if they have not been matched to a​ driver's license or identification card record within seven years after transmission to the department.​ (c) Except as provided in paragraph (b), the department shall include, on all drivers' licenses or Minnesota​ identification cards issued to a person who holds a lifetime license, a graphic or written designation of the​ lifetime license, and the category of the lifetime license.​ (d) If a person with a lifetime license under section 97A.473 applies for a driver's license or Minnesota​ identification card before that information has been transmitted to the department, the department may accept​ a copy of the license issued under section 97A.473 as proof of its issuance and shall then follow the procedures​ in paragraph (c).​ History: (2720-144d) 1939 c 401 s 7; 1957 c 564 s 4; 1963 c 800 s 1; 1971 c 129 s 2; 1971 c 644 s 10;​ 1971 c 659 s 2; 1973 c 35 s 39; 1973 c 698 s 4; 1973 c 725 s 23; 1975 c 393 s 1; 1977 c 361 s 1-3; 1980 c​ 446 s 2,3; 1981 c 311 s 39; 1981 c 363 s 36-38; 1982 c 545 s 24; 1983 c 135 s 1; 1983 c 272 s 1; 1Sp1985​ c 4 s 8; 1986 c 444; 1986 c 454 s 23; 1987 c 248 s 1; 1987 c 329 s 1; 1989 c 301 s 7,8; 1989 c 307 s 22;​ 1990 c 510 s 2-6; 1990 c 568 art 2 s 30; 1991 c 202 s 14; 1991 c 277 s 13; 1991 c 333 s 28; 1992 c 571 art​ 13 s 1; 1992 c 581 s 15; 1993 c 266 s 23; 1995 c 207 art 2 s 3; 1995 c 259 art 1 s 36; 1996 c 275 s 7-9;​ 1996 c 455 art 6 s 2; 1997 c 13 s 2,3; 1997 c 60 s 2; 1997 c 65 s 1; 1Sp1997 c 2 s 52; 1998 c 388 s 17; 1999​ c 86 art 1 s 42; 1999 c 231 s 167,168; 1999 c 238 art 2 s 27; 2000 c 404 s 1; 1Sp2001 c 8 art 2 s 46; 2002​ c 371 art 1 s 57,58; 1Sp2003 c 14 art 10 s 4; 2005 c 56 s 1; 2005 c 146 s 49; 2005 c 163 s 76,77; 1Sp2005​ c 6 art 2 s 39; 2007 c 120 art 2 s 4; 2007 c 129 s 49; 2007 c 143 art 3 s 5,6; 2008 c 227 s 7,8; 2009 c 94​ art 3 s 11; 2010 c 316 s 9,11,12,18; 2013 c 82 s 17; 2013 c 127 s 45,46; 2014 c 290 s 56,57; 1Sp2015 c 4​ art 4 s 125; 2016 c 189 art 3 s 39; art 4 s 8-10; 2017 c 76 s 13-16; 1Sp2019 c 3 art 3 s 75; 1Sp2019 c 5 art​ 5 s 1; 2020 c 100 s 14,15; 1Sp2020 c 3 s 4,5​ NOTE: (a) The amendments to subdivisions 1, 3, 4, and 9a, by Laws 2017, chapter 76, sections 13 to​ 16, were effective May 19, 2017, and apply to driver's licenses and Minnesota identification cards applied​ for and issued on or after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendments to subdivisions​ 1, 3, 4, and 9a, by Laws 2017, chapter 76, sections 13 to 16, are repealed on June 30 of the following year.​ Laws 2017, chapter 76, section 27.​ 171.0701 DRIVER EDUCATION CONTENT.​ Subdivision 1. Driver education requirements. (a) The commissioner shall adopt rules requiring a​ minimum of 30 minutes of instruction, beginning January 1, 2007, relating to organ and tissue donations​ and the provisions of section 171.07, subdivision 5, for persons enrolled in driver education programs offered​ at public schools, private schools, and commercial driver training schools.​ (b) The commissioner shall adopt rules for persons enrolled in driver education programs offered at​ public schools, private schools, and commercial driver training schools, requiring inclusion in the course of​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.0701​ MINNESOTA STATUTES 2020​ 46​ instruction, by January 1, 2009, a section on awareness and safe interaction with commercial motor vehicle​ traffic. The rules must require classroom instruction and behind-the-wheel training that includes, but is not​ limited to, truck stopping distances, proper distances for following trucks, identification of truck blind spots,​ and avoidance of driving in truck blind spots.​ (c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in driver education​ programs offered at public schools, private schools, and commercial driver training schools, requiring​ inclusion in the course of instruction of a section on carbon monoxide poisoning. The instruction must​ include but is not limited to (1) a description of the characteristics of carbon monoxide, (2) a review of the​ risks and potential speed of death from carbon monoxide poisoning, and (3) specific suggestions regarding​ vehicle idling practices.​ Subd. 1a. Supplemental parental curriculum. (a) For purposes of this subdivision, "driver education​ instructor" means an instructor as defined under section 171.33, subdivision 2, or a person licensed by the​ Professional Educator Licensing and Standards Board for driver training as required under section 122A.26,​ subdivision 2.​ (b) By July 1, 2014, the commissioner shall establish optional supplemental parental curriculum to​ provide instruction and information to primary driving supervisors in conjunction with persons enrolled in​ driver education programs at public schools, private schools, and commercial driver training schools. Each​ school must establish a schedule or procedure for providing the supplemental parental curriculum to any​ primary driving supervisor who chooses to receive it.​ (c) At a minimum, the supplemental parental curriculum must:​ (1) be at least 90 minutes in length;​ (2) be provided by or in the presence of a driver education instructor; and​ (3) provide information concerning graduated driver licensing, safety risks associated with novice drivers,​ potential influence of adults on driving behavior of novice drivers, and additional resources.​ Subd. 2. Rulemaking. The rules adopted by the commissioner under this section are exempt from the​ rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that notwithstanding​ paragraph (b) of section 14.386, the rules continue in effect until repealed or superseded by other law or​ rule.​ History: 2002 c 305 s 1; 2006 c 192 s 1; 2008 c 350 art 1 s 57; 2011 c 70 s 1; 2014 c 261 s 5; 1Sp2017​ c 5 art 12 s 22​ 171.0705 DRIVER'S MANUAL.​ Subdivision. 1. Driver's manual; alcohol consumption. (a) The commissioner shall include in each​ subsequent edition of the driver's manual published by the department a chapter relating to:​ (1) the effect of alcohol consumption on highway safety and on the ability of drivers to safely operate​ motor vehicles;​ (2) a summary of the laws of Minnesota on operating a motor vehicle while under the influence of​ alcohol or a controlled substance; and​ (3) the legal penalties and financial consequences resulting from violations of laws prohibiting the​ operation of a motor vehicle while under the influence of alcohol or drugs.​

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(b) This chapter shall also include information on the dangers of driving at alcohol concentration levels​ below the legal limit for alcohol concentration, and specifically state that:​ (1) there is no "safe" level or amount of alcohol that an individual can assume will not impair one's​ driving performance or increase the risk of a crash;​ (2) a driver may be convicted of driving while impaired whether or not the driver's alcohol concentration​ exceeds the legal limit for alcohol concentration; and​ (3) a person under the legal drinking age may be convicted of illegally consuming alcohol if found to​ have consumed any amount of alcohol, and if that person was driving during or after the consumption of​ alcohol is subject to driver's license suspension.​ Subd. 2. Driver's manual; bicycle traffic. The commissioner shall include in each edition of the driver's​ manual published by the department after August 1, 1995, a section relating to bicycle traffic laws, including​ any changes in the law which affect bicycle traffic.​ Subd. 3. Driver's manual; carbon monoxide. The commissioner shall include in each edition of the​ driver's manual published by the department after August 1, 2011, a section that includes up-to-date lifesaving​ information on carbon monoxide poisoning.​ Subd. 4. Driver's manual; crosswalk right-of-way. The commissioner shall include in each edition​ of the driver's manual published by the department after August 1, 1996, a section relating to the circumstances​ under which a driver must stop to yield the right-of-way to a pedestrian in a crosswalk and the penalties for​ failure to yield.​ Subd. 5. Driver's manual; driving in right lane. The commissioner shall include in each edition of​ the driver's manual published by the department after August 1, 2010, instructions relating to circumstances​ under which a driver of a motor vehicle should drive in the right-hand lane of a highway that is divided into​ more than one lane in the same direction of travel.​ Subd. 6. Driver's manual; fleeing from peace officer. The commissioner shall include in each edition​ of the driver's manual published by the department a section relating to the criminal sanctions and forfeiture​ provisions applicable to persons who flee a peace officer in a motor vehicle.​ Subd. 7. Driver's manual; interaction with commercial motor vehicle. The commissioner shall​ include in each edition of the driver's manual published by the department after August 1, 2008, a section​ that includes information on awareness and safe interaction with commercial motor vehicle traffic.​ Subd. 8. Driver's manual; organ and tissue donation. The commissioner shall include in each edition​ of the driver's manual published by the department after August 1, 2002, a section that includes information​ on the shortage of organs and tissues for transplant, basic facts about donation, use of the driver's license as​ an indication of donation intent, and the importance of informing family members of the driver's decision.​ Subd. 9. Driver's manual; railroad crossing safety. The commissioner shall include in each edition​ of the driver's manual published by the department a section relating to safe operation of vehicles at railroad​ grade crossings.​ Subd. 10. Pupil transportation safety. The commissioner shall include in each edition of the driver's​ manual a section relating to pupil transportation safety laws.​ History: 1939 c 401 s 13; 1947 c 479 s 1; 1949 c 128 s 1; 1971 c 644 s 13; 1971 c 846 s 1; 1973 c 698​ s 5; 1981 c 357 s 64; 1983 c 53 s 1; 1986 c 330 s 2; 1986 c 444; 1988 c 712 s 1; 1989 c 307 s 25; 1991 c​

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298 art 2 s 3,4; art 7 s 4; 1993 c 142 s 3; 1993 c 187 s 20,21; 1993 c 347 s 13; 1995 c 72 s 3,4; 1995 c 104​ s 2,3; 1996 c 333 s 2; 1997 c 159 art 2 s 33,34; 2002 c 305 s 2; 2002 c 371 art 1 s 59; 2005 c 53 s 1; 2005​ c 56 s 1; 1Sp2005 c 6 art 2 s 40,41; art 3 s 70; 2008 c 350 art 1 s 58-60; 2010 c 356 s 3; 2011 c 70 s 3,4​ 171.071 PHOTOGRAPH ON LICENSE OR IDENTIFICATION CARD.​ Subdivision 1. Religious objection. Notwithstanding the provisions of section 171.07, the commissioner​ of public safety may adopt rules to permit identification on a driver's license or Minnesota identification​ card in lieu of a photograph or electronically produced image where the commissioner finds that the licensee​ has religious objections to the use of a photograph or electronically produced image.​ Subd. 2. Certain head wear permitted. If an accident involving a head injury, serious illness, or​ treatment of the illness has resulted in hair loss by an applicant for a driver's license or identification card,​ the commissioner shall permit the applicant to wear a hat or similar head wear in the photograph or​ electronically produced image. The hat or head wear must be of an appropriate size and type to allow​ identification of the holder of the license or card and must not obscure the holder's face.​ Subd. 3. Limitations. Subdivision 1 applies only to a noncompliant license or identification card.​ Subdivisions 1 and 2 do not apply to the commissioner's requirements pertaining to a photograph or​ electronically produced image on an enhanced driver's license or an enhanced identification card.​ [See Note.]​ History: Ex1971 c 3 s 95; 1985 c 248 s 70; 1990 c 510 s 7; 1995 c 7 s 1; 2010 c 316 s 13,18; 2017 c​ 76 s 17​ NOTE: (a) The amendment to subdivision 3 by Laws 2017, chapter 76, section 17, was effective May​ 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or​ after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to subdivision​ 3 by Laws 2017, chapter 76, section 17, is repealed on June 30 of the following year. Laws 2017, chapter​ 76, section 27.​ 171.072 TRIBAL IDENTIFICATION CARD.​ (a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota Statutes​ or Rules, a tribal identification card is also an acceptable form of identification. A tribal identification card​ is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules, when an​ applicant applies for a noncompliant license or identification card.​ (b) For purposes of this section, "tribal identification card" means an unexpired identification card issued​ by a Minnesota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States​ Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled​ tribal member.​ (c) The tribal identification card must contain security features that make it as impervious to alteration​ as is reasonably practicable in its design and quality of material and technology. The security features must​ use materials that are not readily available to the general public. The tribal identification card must not be​ susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph​ substitution and other tampering.​

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(d) The requirements of this section do not apply: (1) except as provided in paragraph (a), to an application​ for a driver's license or Minnesota identification card under this chapter; or (2) to tribal identification cards​ used to prove an individual's residence for purposes of section 201.061, subdivision 3.​ History: 2006 c 253 s 12; 2017 c 76 s 18​ NOTE: (a) The amendment to this section by Laws 2017, chapter 76, section 18, was effective May​ 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or​ after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to this section​ by Laws 2017, chapter 76, section 18, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​ 171.075 ANATOMICAL GIFTS.​ Subdivision 1. Anatomical gift account. An anatomical gift account is established in the special revenue​ fund. The account consists of funds donated under sections 168.013, subdivision 22, and 171.06, subdivision​ 2, and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the​ account is annually appropriated to the commissioner for (1) grants under subdivision 2, and (2) administrative​ expenses in implementing the donation and grant program.​ Subd. 2. Anatomical gift education grants. (a) The commissioner shall make grants to (1) a Minnesota​ organ procurement organization that is certified by the federal Centers for Medicare and Medicaid Services;​ or (2) an entity that is a charitable entity under section 501(c)(3) of the Internal Revenue Code, as defined​ in section 289A.02, subdivision 7, and is dedicated to advocacy for organ, tissue, and eye donation.​ (b) From a grant under this section, the recipient shall provide resources and implement programs​ designed to increase the number of Minnesotans who register to be organ, tissue, and eye donors.​ History: 2011 c 80 s 3; 2012 c 287 art 3 s 42; 2020 c 83 art 1 s 59​ 171.08 LICENSEE TO HAVE LICENSE IN POSSESSION.​ Every licensee shall have the license in immediate possession at all times when operating a motor vehicle​ and shall display it upon demand of a peace officer, an authorized representative of the department, or an​ officer authorized by law to enforce the laws relating to the operation of motor vehicles on public streets​ and highways. Unless the person is the holder of a limited license issued under section 171.30, no person​ charged with violating the possession requirement shall be convicted if the person produces in court or the​ office of the arresting officer a driver's license previously issued to that person for the class of vehicle being​ driven which was valid at the time of arrest or satisfactory proof that at the time of the arrest the person was​ validly licensed for the class of vehicle being driven. The licensee shall also, upon request of any officer,​ write the licensee's name in the presence of the officer to determine the identity of the licensee.​ History: (2720-144e) 1939 c 401 s 8; 1963 c 206 s 1; 1971 c 644 s 11; 1983 c 359 s 17; 1986 c 444;​ 1988 c 681 s 15​ 171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.​ Subdivision 1. Authority; violations. (a) The commissioner, when good cause appears, may impose​ restrictions suitable to the licensee's driving ability or other restrictions applicable to the licensee as the​ commissioner may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.​

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(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant for a commercial​ driver's license either does not successfully complete the air brake component of the knowledge test, or does​ not successfully complete the skills test in a vehicle equipped with air brakes as such tests are prescribed in​ Code of Federal Regulations, title 49, part 384, the department shall indicate on the class C, class B, or class​ A commercial driver's license, if issued, that the individual is restricted from operating a commercial motor​ vehicle equipped with air brakes.​ (c) The commissioner shall restrict the operating privileges of a holder of a class A, class B, or class C​ commercial driver's license in accordance with Code of Federal Regulations, title 49, sections 383.73 and​ 383.95.​ (d) The commissioner may restrict the operating privileges of a holder of a class A, class B, or class C​ commercial driver's license to the extent that the restrictions are authorized by section 221.0314, subdivision​ 3 or 3a, or rules adopted under those subdivisions or section 221.031.​ (e) Upon receiving satisfactory evidence of any violation of the restrictions on the license, the​ commissioner may suspend or revoke the license. A license suspension under this section is subject to section​ 171.18, subdivisions 2 and 3.​ (f) A person who drives, operates, or is in physical control of a motor vehicle while in violation of the​ restrictions imposed in a restricted driver's license issued to that person under this section is guilty of a crime​ as follows:​ (1) if the restriction relates to the possession or consumption of alcohol or controlled substances, the​ person is guilty of a gross misdemeanor; or​ (2) if the restriction relates to another matter, the person is guilty of a misdemeanor.​ (g) It is a misdemeanor for a person who holds a restricted license issued under section 171.306 to drive,​ operate, or be in physical control of any motor vehicle that is not equipped with a functioning ignition​ interlock device certified by the commissioner.​ Subd. 2. [Expired, 2005 c 136 art 18 s 11]​ Subd. 3. No-alcohol restriction. (a) As used in this subdivision, "impaired driving incident" has the​ meaning given in section 169A.03, subdivision 22.​ (b) Upon proper application by a person having a valid driver's license containing the restriction that​ the person must not consume alcohol or controlled substances, who has not been documented as having​ consumed alcohol or having possessed or used a controlled substance within the past ten years, and whose​ driving record contains no impaired driving incident within the past ten years, the commissioner must remove​ the no-alcohol/controlled substance restriction on the person's driving record and issue to the person a​ duplicate driver's license that does not show that restriction.​ History: (2720-144f) 1939 c 401 s 9; 1986 c 444; 1996 c 346 s 4; 1Sp2001 c 8 art 12 s 14; 2005 c 136​ art 18 s 11; 1Sp2005 c 6 art 3 s 67; 2010 c 242 s 7,11; 2010 c 366 s 10​ 171.10 DUPLICATE LICENSE; VEHICLE ENDORSEMENT.​ Subdivision 1. Duplicate license. In the event that an instruction permit, provisional license, or driver's​ license issued under the provisions of this chapter is lost or destroyed, or becomes illegible, the person to​ whom the same was issued shall obtain a duplicate thereof, furnishing proof satisfactory to the department​

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Subd. 2. Endorsement added. Any person, after applying for or receiving a driver's license and prior​ to the expiration year of the license, who wishes to have a motorcycle, school bus, tank vehicle, passenger,​ double-trailer or triple-trailer, or hazardous materials vehicle endorsement added to the license, shall, after​ taking the necessary examination, apply for a duplicate license and make payment of the proper fee.​

History: (2720-144g) 1939 c 401 s 10; 1971 c 644 s 12; 1986 c 444; 1989 c 307 s 23; 1991 c 298 art​ 7 s 3; 1993 c 142 s 2; 1998 c 388 s 18​

171.11 DUPLICATE LICENSE; CHANGE OF DOMICILE OR NAME.​

When any person, after applying for or receiving a driver's license, shall change permanent domicile​ from the address named in such application or in the license issued to the person, or shall change a name by​ marriage or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's license​ upon a form furnished by the department and pay the required fee. The application or duplicate license shall​ show both the licensee's old address and new address or the former name and new name as the case may​ be.​

History: (2720-144h) 1939 c 401 s 11; 1943 c 610 s 2; 1986 c 444; 1993 c 266 s 24​

171.12 DRIVING RECORD; FILING; PRIVATE DATA.​

Subdivision 1. Licenses filed in alphabetical order. (a) The department shall file every application for​ a driver's license received by it and shall maintain suitable indices containing, in alphabetical order:​

(1) all applications denied and the reason for denial;​

(2) all applications granted; and​

(3) the name of every person whose license has been suspended, revoked, or canceled or who has been​ disqualified from operating a commercial motor vehicle by the department, and after each name the reasons​ for the action.​

(b) Notwithstanding section 260B.171 or 260C.171, data revealing that the reason for the action under​ paragraph (a), clause (3) is an order of the juvenile court are accessible to the public.​

Subd. 1a. Driver and vehicle services information system; security and auditing. (a) The commissioner​ must establish written procedures to ensure that only individuals authorized by law may enter, update, or​ access not public data collected, created, or maintained by the driver and vehicle services information system.​ An authorized individual's ability to enter, update, or access data in the system must correspond to the official​ duties or training level of the individual and to the statutory authorization granting access for that purpose.​ All queries and responses, and all actions in which data are entered, updated, accessed, shared, or disseminated,​ must be recorded in a data audit trail. Data contained in the audit trail are public to the extent the data are​ not otherwise classified by law.​

(b) The commissioner must immediately and permanently revoke the authorization of any individual​ who willfully entered, updated, accessed, shared, or disseminated data in violation of state or federal law.​ If an individual willfully gained access to data without authorization by law, the commissioner must forward​ the matter to the appropriate prosecuting authority for prosecution.​

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(c) The commissioner must arrange for an independent biennial audit of the driver and vehicle services​ information system to determine whether data currently in the system are classified correctly, how the data​ are used, and to verify compliance with this subdivision. The results of the audit are public. No later than​ 30 days following completion of the audit, the commissioner must provide a report summarizing the audit​ results to the commissioner of administration; the chairs and ranking minority members of the committees​ of the house of representatives and the senate with jurisdiction over transportation policy and finance, public​ safety, and data practices; and the Legislative Commission on Data Practices and Personal Data Privacy.​ The report must be submitted as required under section 3.195, except that printed copies are not required.​

[See Note.]​

Subd. 2. Accident report and record of conviction filed. The department shall file all accident reports​ and abstracts of court records of convictions and violations received by it under the laws of this state and​ its political subdivisions, and in connection therewith maintain convenient records or make suitable notations​ in order that an individual record of each licensee showing the convictions of such licensee and the traffic​ accidents in which the licensee has been involved shall be readily ascertainable and available for the​ consideration of the department upon any application for renewal of license and the revocation, suspension,​ or limitation of licenses.​

Subd. 2a. Alcohol concentration on driving record. When a person's driver's license or permit to drive​ is revoked or suspended pursuant to section 169A.52 or 171.177, or when a person is convicted for violating​ section 169A.20, 169A.31, 169A.33, 360.0752, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes​ 2012, section 609.21, and a test of the person's breath, urine, or blood has been made to determine the person's​ alcohol concentration, the commissioner of public safety shall record the test results on the person's driving​ record pertaining to that violation. The alcohol concentration is classified as public data on individuals, as​ defined in section 13.02, subdivision 15, and must be kept for the period of time specified in subdivision 3,​ clause (4).​

Subd. 3. Application and record, when destroyed. The department may cause applications for drivers'​ licenses, provisional licenses, and instruction permits, and related records, to be destroyed immediately after​ the period for which issued, except that:​

(1) the driver's record pertaining to revocations, suspensions, cancellations, disqualifications, convictions,​ and accidents is cumulative and must be kept for a period of at least five years;​

(2) the driver's record pertaining to violations of a driver or vehicle out-of-service order must be kept​ for a period of at least ten years;​

(3) medical certificates and medical waivers submitted in accordance with section 171.162 must be kept​ for a period of at least three years from the date of issuance; and​

(4) the driver's record pertaining to felony convictions in the commission of which a motor vehicle was​ used, to the alcohol-related offenses and licensing actions listed in section 169A.03, subdivisions 20 and​ 21, to violations of section 169.09, to violations of section 169A.31, and to violations of section 171.24,​ subdivision 5, must be retained permanently.​

Subd. 3a. Record destroyed when order rescinded. Notwithstanding subdivision 3 or section 138.163,​ when an order for revocation, suspension, or cancellation of a driver's license or disqualification of a driver​ from operating a commercial motor vehicle is rescinded and all rights of appeal have been exhausted or​ have expired, the commissioner shall remove the record of that revocation, suspension, cancellation, or​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 53​ MINNESOTA STATUTES 2020​ 171.12​ disqualification from the computer records that are disclosed to persons or agencies outside the Driver and​ Vehicle Services Division, Department of Public Safety.​ Subd. 3b. Record of improper suspension destroyed. Notwithstanding subdivision 3 or section 138.163,​ when an order for suspension of a driver's license issued pursuant to section 171.186 is rescinded because​ the license was improperly suspended and all rights of appeal have been exhausted or have expired, the​ commissioner shall remove the record of that suspension from the computer records that are disclosed to​ persons or agencies outside the Driver and Vehicle Services Division of the Department of Public Safety.​ Subd. 3c. Record retention; birth certificates. (a) If the procedures established by the commissioner​ for driver's license or Minnesota identification card records include retention of a physical copy or digital​ image of a birth certificate, the commissioner must:​ (1) notify a driver's license or identification card applicant of the retention procedure; and​ (2) allow the applicant, licensee, or identification cardholder to designate that the applicant, licensee,​ or identification cardholder's birth certificate physical copy or digital image must not be retained.​ (b) The commissioner must not retain a birth certificate if directed by an applicant, licensee, or​ identification cardholder under paragraph (a), clause (2), but must record and retain data on the birth certificate​ required under Code of Federal Regulations, title 6, section 37.31(c).​ [See Note.]​ Subd. 4. [Repealed, 1976 c 2 s 69]​ Subd. 5. Donor document. The department shall file all donor documents received by it, and in​ connection therewith maintain convenient records in order that donor status shall be readily ascertainable.​ On request of any interested party upon or after the donor's death, the department shall produce the donor​ document for examination.​ Subd. 5a. Veteran designation. When an applicant for a driver's license, instruction permit, or Minnesota​ identification card requests a veteran designation under section 171.06, subdivision 3, the commissioner​ shall maintain a computer record of veteran designations. The veteran designation may be removed from​ the computer record only upon written notice to the department. The veteran designation is classified as​ private data on individuals as defined in section 13.02, subdivision 12, except that this information is available​ to the commissioner of veterans affairs for the purpose of administering veterans benefits.​ Subd. 5b. Emergency contacts. (a) Upon a request by an applicant for a driver's license, instruction​ permit, or Minnesota identification card under section 171.06, subdivision 3, the commissioner must maintain​ electronic records of names and contact information for up to three emergency contacts for the applicant.​ The request must be made on a form prescribed by the commissioner. The commissioner must make the​ form available on the department's website. The form must include a notice as described in section 13.04,​ subdivision 2.​ (b) A person who has provided emergency contact information under this subdivision may change, add,​ or delete the information at any point. Notwithstanding sections 171.06, subdivision 2, and 171.061, the​ commissioner or a driver's license agent must not charge a fee for a transaction described in this paragraph.​ (c) Emergency contact data are classified as private data on individuals, as defined in section 13.02,​ subdivision 12, except that the commissioner may share emergency contact information with law enforcement​ agencies to notify the emergency contacts regarding an emergency.​

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Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph (c), the department​ must not keep on the record of a driver any conviction for a violation of a speed limit of 55 miles per hour​ unless the violation consisted of a speed greater than ten miles per hour in excess of the speed limit.​ (b) Except as provided in paragraph (c), the department must not keep on the record of a driver any​ conviction for a violation of a speed limit of 60 miles per hour unless the violation consisted of a speed​ greater than five miles per hour in excess of the speed limit.​ (c) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2)​ a violation committed by a holder of a class A, B, or C commercial driver's license or commercial driver​ learner's permit, without regard to whether the violation was committed in a commercial motor vehicle or​ another vehicle.​ Subd. 7. Privacy of data. (a) Data on individuals provided to obtain a driver's license or Minnesota​ identification card shall be treated as provided by United States Code, title 18, section 2721, as in effect on​ May 23, 2005, and shall be disclosed as required or permitted by that section. The commissioner shall​ disclose the data in bulk form upon request to an authorized recipient under United States Code, title 18,​ section 2721.​ (b) An applicant for a driver's license or a Minnesota identification card may consent, in writing, to the​ commissioner to disclose the applicant's personal information exempted by United States Code, title 18,​ section 2721, to any person who makes a request for the personal information. If the applicant so authorizes​ disclosures, the commissioner shall implement the request and the information may be used.​ (c) If authorized by an applicant for a driver's license or a Minnesota identification card, as indicated in​ paragraph (b), the applicant's personal information may be used, rented, or sold solely for bulk distribution​ by organizations for business purposes, including surveys, marketing, or solicitation.​ (d) An applicant for a driver's license, instruction permit, or Minnesota identification card may request​ that the applicant's residence address be classified as "private data on individuals," as defined in section​ 13.02, subdivision 12. The commissioner shall grant the classification on receipt of a signed statement by​ the individual that the classification is required for the safety of the applicant or the applicant's family, if​ the statement also provides a valid, existing address where the applicant consents to receive service of​ process. The commissioner shall use the service for process mailing address in place of the residence address​ in all documents and notices pertaining to the driver's license, instruction permit, or Minnesota identification​ card. The residence address and any information provided in the classification request, other than the mailing​ address, are private data on individuals and may be provided to requesting law enforcement agencies,​ probation and parole agencies, and public authorities, as defined in section 518A.26, subdivision 18.​ Subd. 7a. Disclosure of personal information. The commissioner shall disclose personal information​ where the use is related to the operation of a motor vehicle or to public safety. The use of personal information​ is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or​ property. The commissioner may refuse to disclose data under this subdivision when the commissioner​ concludes that the requester is likely to use the data for illegal, improper, or noninvestigative purposes. The​ commissioner shall disclose personal information to the secretary of state for the purpose of increasing voter​ registration and improving the accuracy of voter registration records in the statewide voter registration​ system. The secretary of state may not retain data provided by the commissioner under this subdivision for​ more than 60 days.​ Subd. 7b. Data privacy; noncompliant license or identification card. (a) With respect to noncompliant​ licenses or identification cards, the commissioner is prohibited from:​

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(1) electronically disseminating outside the state data that is not disseminated as of May 19, 2017; or​ (2) utilizing any electronic validation or verification system accessible from or maintained outside the​ state that is not in use as of May 19, 2017.​ (b) The limitations in paragraph (a) do not apply to the extent necessary to maintain compliance with​ the driver's license compact under section 171.50 and applicable federal law governing commercial driver's​ licenses.​ (c) For purposes of this subdivision, "outside the state" includes federal agencies, states other than​ Minnesota, organizations operating under agreement among the states, and private entities.​ [See Note.]​ Subd. 7c. Other data provisions. (a) The commissioner must not share any data the department maintains​ under section 171.07, subdivision 13, with any federal agency, federal department, or federal entity for a​ use that would otherwise be permissible under United States Code, title 18, section 2721, or other law.​ (b) Data collected by government entities under sections 624.712 to 624.719 are classified under section​ 13.87, subdivision 2.​ [See Note.]​ Subd. 8. [Repealed, 1Sp2005 c 6 art 2 s 48]​ Subd. 9. Driving record disclosure to law enforcement. The commissioner shall also furnish driving​ records, without charge, to chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement​ agencies with the power to arrest.​ Subd. 10. Enhanced driver's license and identification card. For purposes of this section, "license"​ includes "enhanced driver's license," and "identification card" includes "enhanced identification card."​ History: (2720-144i) 1939 c 401 s 12; 1943 c 610 s 3; 1967 c 205 s 1; 1969 c 871 s 2; 1975 c 393 s 2;​ 1986 c 444; 1986 c 454 s 24; 1988 c 670 s 10; 1989 c 307 s 24; 1990 c 461 s 2; 1993 c 266 s 25; 1993 c​ 326 art 11 s 3,4; 1994 c 501 s 4-6; 1994 c 615 s 19; 1994 c 618 art 1 s 25; 1995 c 257 art 1 s 10; 1995 c​ 259 art 1 s 37; 1996 c 440 art 1 s 43,44; 1996 c 455 art 1 s 9; 1Sp1997 c 2 s 53; 1998 c 371 s 9; 1998 c​ 388 s 19; 1999 c 139 art 4 s 2; 2000 c 478 art 2 s 7; 2002 c 368 s 2; 2004 c 283 s 11,15; 2005 c 163 s 78;​ 2005 c 164 s 29; 1Sp2005 c 6 art 3 s 68,69; 1Sp2005 c 7 s 28; 2007 c 54 art 3 s 3; 2008 c 277 art 1 s 24;​ 2009 c 94 art 3 s 12; 2010 c 242 s 8,9,11; 2010 c 316 s 14,18; 2012 c 287 art 4 s 35; 2014 c 180 s 9; 2014​ c 238 s 1; 2014 c 293 s 9; 2017 c 76 s 19-22; 2017 c 83 art 3 s 18; 1Sp2017 c 3 art 3 s 76; 1Sp2019 c 3 art​ 3 s 76​ NOTE: (a) Subdivision 1a, as added by Laws 2017, chapter 76, section 19, was effective October 1,​ 2018. Laws 2017, chapter 76, section 19, the effective date.​ (b) Subdivisions 3c, 7b, and 7c, as added by Laws 2017, chapter 76, sections 20 to 22, were effective​ May 19, 2017, and apply to driver's licenses and Minnesota identification cards applied for and issued on​ or after October 1, 2018. Laws 2017, chapter 76, section 29.​ (c) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, subdivisions 1a, 3c, 7b, and​ 7c, as added by Laws 2017, chapter 76, sections 19 to 22, are repealed on June 30 of the following year.​ Laws 2017, chapter 76, section 27.​

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171.121 USE OF ANOTHER'S RESIDENCE ADDRESS.​

A person may notify the commissioner in writing to the effect that the person (1) is the owner of a​ residence, and (2) does not consent to have that residence address identified on any driver's license or​ identification card or driving record of the department as the residence address or permanent mailing address​ of any person named in the notice. The notice may not name a spouse of the notifying person. Upon receiving​ the notice the commissioner shall not issue any license or identification card under this chapter, or accept​ an application for a license or identification card under this chapter, that lists the residence address identified​ in the notice as the residence address or permanent mailing address of any person named in the notice.​

History: 1996 c 356 s 1​

171.122 ENHANCED DRIVERS' LICENSES AND IDENTIFICATION CARDS; LIMITATION.​

Provisions of this chapter that relate expressly to enhanced drivers' licenses or enhanced identification​ cards apply only to drivers' licenses within the meaning of section 171.01, subdivision 31a, and identification​ cards within the meaning of section 171.01, subdivision 31b, unless otherwise expressly provided in statute.​

History: 2010 c 316 s 15,18​

171.13 EXAMINATION.​

Subdivision 1. Examination subjects and locations; provisions for color blindness, disabled​ veterans. (a) Except as otherwise provided in this section, the commissioner shall examine each applicant​ for a driver's license by such agency as the commissioner directs. This examination must include:​

(1) a test of the applicant's eyesight;​

(2) a test of the applicant's ability to read and understand highway signs regulating, warning, and directing​ traffic;​

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and drugs on a driver's​ ability to operate a motor vehicle safely and legally, and of the legal penalties and financial consequences​ resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of​ alcohol or drugs; (iii) railroad grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to​ pupil transportation safety, including the significance of school bus lights, signals, stop arm, and passing a​ school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon monoxide​ poisoning;​

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a​ motor vehicle; and​

(5) other physical and mental examinations as the commissioner finds necessary to determine the​ applicant's fitness to operate a motor vehicle safely upon the highways.​

(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on the exclusive​ grounds that the applicant's eyesight is deficient in color perception. War veterans operating motor vehicles​ especially equipped for disabled persons, if otherwise entitled to a license, must be granted such license.​

(c) The commissioner shall make provision for giving the examinations under this subdivision either in​ the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant.​

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(d) The commissioner shall ensure that an applicant is able to obtain an appointment for an examination​ to demonstrate ability under paragraph (a), clause (4), within 14 days of the applicant's request if, under the​ applicable statutes and rules of the commissioner, the applicant is eligible to take the examination.​ Subd. 1a. Waiver when license issued by another jurisdiction. (a) The commissioner may waive the​ requirement that the applicant demonstrate ability to exercise ordinary and reasonable control in the operation​ of a motor vehicle on determining that the applicant possesses a valid driver's license issued by a jurisdiction​ that requires a comparable demonstration for license issuance.​ (b) For purposes of this subdivision, "jurisdiction" includes, but is not limited to, both the active and​ reserve components of any branch or unit of the United States armed forces, and "valid driver's license"​ includes any driver's license that is recognized by that branch or unit as currently being valid, or as having​ been valid at the time of the applicant's separation or discharge from the military within a period of time​ deemed reasonable and fair by the commissioner, up to and including one year past the date of the applicant's​ separation or discharge.​ Subd. 1b. MS 2010 [Renumbered 171.0705, subdivision 1]​ Subd. 1c. MS 2010 [Renumbered 171.0705, subd 6]​ Subd. 1d. MS 2010 [Renumbered 171.0705, subd 9]​ Subd. 1e. Slow-moving vehicle. The commissioner shall include, in each examination under subdivision​ 1, an examination of the applicant's knowledge of highway safety with respect to approaching, following,​ and passing slow-moving vehicles and the significance of the slow-moving vehicle emblem.​ Subd. 1f. MS 2010 [Renumbered 171.0705, subd 2]​ Subd. 1g. MS 2010 [Renumbered 171.0705, subd 4]​ Subd. 1h. MS 2010 [Renumbered 171.0705, subd 8]​ Subd. 1i. MS 2010 [Renumbered 171.0705, subd 10]​ Subd. 1j. MS 2010 [Renumbered 171.0705, subd 7]​ Subd. 1k. MS 2010 [Renumbered 171.0705, subd 5]​ Subd. 1l. [Renumbered 171.0705, subd 3]​ Subd. 2. Examination upon renewal. (a) The department shall issue a driver's license upon renewal:​ (1) when the applicant has passed an examination consisting of a screening of the applicant's eyesight​ since the last previous license renewal or issuance;​ (2) if applicable, when an applicant has passed a written examination since the last previous license​ renewal or issuance and after receiving a warning letter or attending a preliminary hearing as a habitual​ violator, within the meaning of rules adopted by the commissioner; and​ (3) if applicable, when an applicant has passed a road examination since the last previous license renewal​ or issuance and after having had driving privileges suspended as a habitual violator, within the meaning of​ rules adopted by the commissioner.​ (b) A screening of eyesight required by this subdivision does not constitute the practice of optometry​ as defined in section 148.56.​

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(c) The commissioner may adopt rules to administer this subdivision.​ Subd. 3. Examination of licensed driver. The commissioner may require an examination by such​ agency as the commissioner directs of any licensed driver, to determine incompetency, physical or mental​ disability or disease, or any other condition which might affect the driver from exercising reasonable and​ ordinary control over a motor vehicle, but no examination shall be required only for the reason that any​ licensed driver has attained a certain age. If as a result of the examination the commissioner believes that​ the driver is an unsafe person to operate a motor vehicle upon the public highways, the commissioner may​ cancel the driver's license of the person. The commissioner shall give the person written notice of the​ cancellation.​ Subd. 4. Cancellation for failure to submit to examination. If a licensee does not submit to any​ examination required under the provisions of subdivision 3, the commissioner may cancel the driver's license​ of the licensee. If such license is canceled, the licensee shall immediately surrender to the department all​ driver's license certificates in possession.​ Subd. 5. Examination fee for vehicle endorsement. Any person applying to secure a school bus, tank​ vehicle, passenger, double-trailer or triple-trailer, or hazardous materials vehicle endorsement on the person's​ driver's license shall pay a $2.50 examination fee at the place of application.​ Subd. 6. Initial motorcycle endorsement fee. A person applying for an initial motorcycle endorsement​ on a driver's license shall pay at the place of examination a total fee of $21, which includes the examination​ fee and endorsement fee, but does not include the fee for a duplicate driver's license prescribed in section​ 171.06, subdivision 2. Of this amount, $11 must be credited as provided in section 171.06, subdivision 2a,​ paragraph (a), clause (1), $2.50 must be credited to the driver services operating account in the special​ revenue fund specified under section 299A.705, and the remainder must be credited to the general fund.​ Subd. 7. Repeat examination fee. (a) A fee of $10 must be paid by an individual to take a third and​ any subsequent knowledge test administered by the department if the individual has failed two previous​ consecutive knowledge tests on the subject.​ (b) A fee of $20 must be paid by an individual to take a third and any subsequent skills or road test​ administered by the department if the individual has previously failed two consecutive skill or road tests in​ a specified class of motor vehicle.​ (c) All fees received under this subdivision must be paid into the state treasury and credited to the driver​ services operating account in the special revenue fund specified under section 299A.705.​ Subd. 8. Test scheduling. The commissioner must not schedule or reserve recurring time with a public,​ private, or commercial driver education program for purposes of administering skills or road tests to a class​ D or commercial driver's license applicant.​ Subd. 9. Online driver's license knowledge testing authorization. (a) The commissioner must​ implement online knowledge testing as provided in this subdivision. The commissioner must not charge a​ fee to a driver education program or an authorized entity for access to the online knowledge testing system​ or for administering the online knowledge test. The commissioner must administer the fourth or subsequent​ knowledge test for a person.​ (b) Upon written request from a driver education program licensed by the department, the commissioner​ must grant access to the department's web-based knowledge testing system to the driver education program.​ Once granted access to the online knowledge testing system, a driver education program may administer​ the online knowledge test to a student of the program.​

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(c) An entity other than a driver education program may apply to the commissioner for authority to​ administer online knowledge tests. The commissioner may approve or disapprove an application for​ administering the online knowledge tests under this paragraph. Upon approving an application of an entity,​ the commissioner must grant access to the department's web-based knowledge testing system to that authorized​ entity. Once granted access to the online knowledge testing system, the authorized entity may administer​ the online knowledge test.​

(d) A driver education program or authorized entity:​

(1) must provide all computers and equipment for persons that take the online knowledge test;​

(2) must provide appropriate proctors to monitor persons taking the online knowledge test; and​

(3) may charge a fee of no more than $10 for administering the online knowledge test.​

History: 1939 c 401 s 13; 1947 c 479 s 1; 1949 c 128 s 1; 1971 c 644 s 13; 1971 c 846 s 1; 1973 c 698​ s 5; 1981 c 357 s 64; 1983 c 53 s 1; 1986 c 330 s 2; 1986 c 444; 1988 c 712 s 1; 1989 c 307 s 25; 1991 c​ 298 art 2 s 3,4; art 7 s 4; 1993 c 142 s 3; 1993 c 187 s 20,21; 1993 c 347 s 13; 1995 c 72 s 3,4; 1995 c 104​ s 2,3; 1996 c 333 s 2; 1997 c 159 art 2 s 33,34; 2002 c 305 s 2; 2002 c 371 art 1 s 59; 2005 c 53 s 1; 2005​ c 56 s 1; 1Sp2005 c 6 art 2 s 40,41; art 3 s 70; 2008 c 350 art 1 s 58-60; 2010 c 356 s 3; 2011 c 70 s 2-4;​ 2014 c 312 art 11 s 21; 2Sp2020 c 2 s 1,2​

171.131 PHYSICIAN REPORTING TO COMMISSIONER.​

Subdivision 1. Voluntary reporting by physicians. Any physician who diagnoses a physical or mental​ condition which in the physician's judgment will significantly impair the person's ability to operate safely​ a motor vehicle may voluntarily report the person's name and other information relevant to the condition to​ the commissioner. The commissioner, upon receiving the report, shall require the person so reported to be​ examined as provided in section 171.13, subdivision 3.​

Subd. 2. Physicians immune from liability. Any physician reporting in good faith and exercising due​ care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of actions​ pursuant to this section. No cause of action may be brought against any physician for not making a report​ pursuant to this section.​

History: 1982 c 479 s 1; 1983 c 216 art 1 s 32; 1986 c 444​

171.14 CANCELLATION.​

(a) The commissioner may cancel any driver's license upon determination that (1) the licensee was not​ entitled to the issuance of the license, (2) the licensee failed to give the required or correct information in​ the application, (3) the licensee committed any fraud or deceit in making the application, or (4) the person,​ at the time of the cancellation, would not have been entitled to receive a license under section 171.04.​

(b) The commissioner shall cancel the driver's license of a person described in paragraph (a), clause (3),​ for 60 days or until the required or correct information has been provided, whichever is longer.​

History: (2720-144k) 1939 c 401 s 14; 1959 c 506 s 1; 1986 c 444; 1989 c 307 s 26; 2008 c 287 art 1​ s 65​

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171.15 NONRESIDENT'S DRIVING PRIVILEGE.​

Subdivision 1. Suspension or revocation. (a) The privilege of driving a motor vehicle on the highways​ of this state given to a nonresident hereunder shall be subject to the suspension or revocation by the​ commissioner in like manner and for like cause as a driver's license issued hereunder may be suspended or​ revoked.​

(b) The commissioner is further authorized, upon receiving a record of conviction in this state of a​ nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward​ a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted​ is a resident.​

Subd. 2. [Repealed, 1986 c 454 s 37]​

History: (2720-145) 1939 c 401 s 15; 1978 c 783 s 6​

171.16 COURT MAY RECOMMEND SUSPENSION.​

Subdivision 1. Court to report to commissioner. Every court having jurisdiction over offenses committed​ under any law of this state or ordinance of a political subdivision regulating the operation of motor vehicles,​ shall forward to the department, within ten days, a record of the conviction of any person in the court for a​ violation of any laws or ordinances, except parking violations and defective vehicle equipment or vehicle​ size or weight violations.​

Subd. 2. Commissioner shall suspend. The court may recommend the suspension of the driver's license​ of the person so convicted, and the commissioner shall suspend such license as recommended by the court,​ without a hearing as provided herein.​

Subd. 3. Suspension for failure to pay fine. When any court reports to the commissioner that a person:​ (1) has been convicted of violating a law of this state or an ordinance of a political subdivision which regulates​ the operation or parking of motor vehicles, (2) has been sentenced to the payment of a fine or had a surcharge​ levied against that person, or sentenced to a fine upon which a surcharge was levied, and (3) has refused or​ failed to comply with that sentence or to pay the surcharge, notwithstanding the fact that the court has​ determined that the person has the ability to pay the fine or surcharge, the commissioner shall suspend the​ driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that​ the fine or surcharge, or both if a fine and surcharge were not paid, has been paid.​

Subd. 4. [Repealed, 1973 c 698 s 8]​

Subd. 5. Juvenile court. When any judge of a juvenile court, or any of its duly authorized agents, shall​ determine formally or informally that any person under the age of 18 years has violated any of the provisions​ of any law of this state, or ordinances of political subdivisions thereof, regulating the operation of motor​ vehicles on streets and highways, except parking violations, and except traffic offenses involving a violation​ of section 169A.20 that must be reported under section 171.17, the judge, or duly authorized agent, shall​ immediately report the determination to the department and may recommend the suspension of the person's​ license, and the commissioner is hereby authorized to suspend the license, without a hearing.​

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Subd. 6. Notice of suspension. A suspension under this section is subject to the notice requirements of​ section 171.18, subdivision 2.​ History: (2720-145a) 1939 c 401 s 16, except par (c); 1969 c 946 s 2; Ex1971 c 27 s 24; 1973 c 421 s​ 4,5; 1981 c 341 s 3; 1983 c 359 s 18; 1984 c 622 s 16; 1986 c 444; 1987 c 123 s 2; 1989 c 307 s 27; 1996​ c 346 s 5; 1998 c 367 art 8 s 3; 1998 c 388 s 20; 2000 c 478 art 2 s 7​ 171.161 COMMERCIAL DRIVER'S LICENSE; FEDERAL CONFORMITY.​ Subdivision 1. Conformity with federal law. The commissioner of public safety shall ensure the​ programs and policies related to commercial drivers' licensure and the operation of commercial motor​ vehicles in Minnesota conform with the requirements of Code of Federal Regulations, title 49, part 383.​ Subd. 2. Conflicts. To the extent a requirement of sections 171.162 to 171.169, or any other state or​ local law, conflicts with a provision of Code of Federal Regulations, title 49, part 383, the federal provision​ prevails.​ History: 2014 c 312 art 11 s 22​ 171.162 COMMERCIAL DRIVER'S LICENSE, REQUIRED RECORDS.​ Subdivision 1. Driving record. As required by Code of Federal Regulations, title 49, section 383.73,​ before issuing a class A, class B, or class C commercial driver's license, the department shall request the​ applicant's complete driving record from all states where the applicant was previously licensed over the last​ ten years to operate any type of motor vehicle.​ Subd. 2. Applicant self-certification. As required by Code of Federal Regulations, title 49, section​ 383.71, an applicant for a class A, class B, or class C commercial driver's license shall certify, on a form​ prescribed by the department, whether:​ (1) the applicant operates or expects to operate a class A, class B, or class C motor vehicle in interstate​ or foreign commerce or is otherwise subject to the medical examination requirements of Code of Federal​ Regulations, title 49, part 391;​ (2) the applicant operates or expects to operate a class A, class B, or class C motor vehicle in interstate​ or foreign commerce but is exempt from the medical examination requirements of Code of Federal​ Regulations, title 49, part 391;​ (3) the applicant operates or expects to operate a class A, class B, or class C motor vehicle entirely in​ intrastate commerce, is not subject to the medical examination requirements of Code of Federal Regulations,​ title 49, part 391, but is subject to the medical examination requirements of chapter 221; or​ (4) the applicant operates or expects to operate a class A, class B, or class C motor vehicle entirely in​ intrastate commerce, is not subject to the medical examination requirements of Code of Federal Regulations,​ title 49, part 391, and is exempt from the medical examination requirements of chapter 221.​ Subd. 3. Medical examiner's certificate; applicants. An applicant for a class A, class B, or class C​ commercial driver's license who is subject to the medical examination requirements of chapter 221 or Code​ of Federal Regulations, title 49, part 391, shall submit a valid medical examiner's certificate or a current​ medical waiver to the department.​ Subd. 4. Medical examiner's certificate; timely submission. The holder of a class A, class B, or class​ C commercial driver's license who is subject to the medical examination requirements of chapter 221 or​

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Code of Federal Regulations, title 49, part 391, shall submit a valid medical examiner's certificate or a current​ medical waiver to the department prior to the expiration of the certificate or waiver previously submitted​ by the person.​

Subd. 5. Medical examiner's certificate; existing licensees. By November 30, 2013, a person who​ holds a class A, class B, or class C commercial driver's license as of August 1, 2013, shall submit to the​ department the self-certification described in subdivision 2. If the licensee certifies that the licensee is subject​ to the medical examination requirements of chapter 221 or Code of Federal Regulations, title 49, part 391,​ the licensee shall also submit to the department a valid medical examiner's certificate or a current medical​ waiver. If the licensee fails to submit the self-certification or, if required, a valid medical examiner's certificate​ or current medical waiver, the department shall follow the notice and license downgrade procedures of​ subdivision 6.​

Subd. 6. Downgrade of license; notice. (a) If a licensee has previously certified to the department that​ the licensee is subject to the medical examination requirements of chapter 221 or Code of Federal Regulations,​ title 49, part 391, the department shall send written notice if the licensee's medical examiner's certificate or​ medical waiver has expired or been removed, rescinded, or revoked. The notice must state that the commercial​ driver's license will be downgraded to a class D driver's license unless, within 30 days of the date of the​ notice, the licensee submits to the department:​

(1) a valid medical examiner's certificate or a current medical waiver; or​

(2) a new self-certification, as described in subdivision 2, in which the licensee certifies that the licensee​ is subject to a different set of medical examination requirements or exemptions than indicated on the licensee's​ previous self-certification, accompanied by a valid medical examiner's certificate or a current medical waiver,​ if applicable.​

(b) The department shall send the notice described in paragraph (a):​

(1) by electronic mail to the electronic mail address provided by the licensee to the department for that​ purpose;​

(2) by facsimile transmission to the telephone number provided by the licensee to the department for​ that purpose; or​

(3) by mail, addressed to the licensee's last known address with postage prepaid.​

(c) As applied to licensees who have previously certified they operate or expect to operate motor vehicles​ in interstate or foreign commerce, the notice described in paragraph (a) must conform to the requirements​ of Code of Regulations, title 49, section 383.73, paragraph (j).​

(d) If the licensee does not submit a new self-certification but submits a valid medical examiner's​ certificate or a current medical waiver within the 30-day period described in paragraph (a), the commissioner​ shall take no action. If the licensee submits a new self-certification as described in paragraph (a), along with​ a valid medical examiner's certificate or a current medical waiver, as applicable, the commissioner shall​ restrict the licensee's operating privileges to the extent required under section 171.09, subdivision 1, paragraph​ (c) or (d). If the licensee does not submit a new self-certification, a valid medical examiner's certificate, or​ a current medical waiver within the 30-day period described in paragraph (a), the commissioner shall remove​ the licensee's privilege to operate a class A, class B, or class C motor vehicle.​

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Subd. 7. Rulemaking authority. The commissioner shall adopt rules to implement and administer this​ section and section 171.09, subdivision 1.​ History: 1Sp2005 c 6 art 3 s 71; 2010 c 242 s 10,11​ 171.163 COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.​ An agency, court, or public official in Minnesota shall not mask, defer imposition of judgment for, or​ allow an individual to enter into a diversion program that would prevent a conviction for a violation of a​ state or local traffic control law, except a parking violation, from appearing on the driving record of a holder​ of a commercial driver's license, when the violation is committed in any type of motor vehicle, or on the​ driving record of an individual who committed the violation in a commercial motor vehicle.​ History: 2009 c 36 art 3 s 11​ 171.165 COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.​ Subdivision 1. Federal standards. Subject to section 171.166, the commissioner shall disqualify a​ person from operating commercial motor vehicles in accordance with the driver disqualifications and penalties​ in Code of Federal Regulations, title 49, part 383, subpart D and Code of Federal Regulations, title 49,​ section 384.219.​ Subd. 2. Implied consent revocation. The commissioner shall disqualify a person from operating​ commercial motor vehicles for a revocation under section 169A.52 or 171.177 or a statute or ordinance from​ another state or jurisdiction in conformity with it, for a period that is equivalent in duration under the driver​ disqualifications and penalties in Code of Federal Regulations, title 49, part 383, subpart D, that pertain to​ a conviction of being under the influence of alcohol or refusal to be tested.​ Subd. 3. [Repealed, 1Sp2005 c 6 art 3 s 108]​ Subd. 4. [Repealed, 1Sp2005 c 6 art 3 s 108]​ Subd. 4a. [Repealed, 1Sp2005 c 6 art 3 s 108]​ Subd. 4b. [Repealed, 1Sp2005 c 6 art 3 s 108]​ Subd. 5. Rules. The commissioner shall adopt rules to administer this section. The rules must include​ procedures for issuing class D licenses to persons who have been disqualified from operating commercial​ motor vehicles but whose drivers' licenses have not otherwise been revoked, suspended, canceled, or denied.​ Subd. 6. Exemptions. (a) A disqualification shall not be imposed under this section on a recreational​ vehicle operator, farmer, or authorized emergency vehicle operator operating a commercial motor vehicle​ within the scope of section 171.02, subdivision 2, paragraph (c).​ (b) A conviction for a violation that occurred before August 1, 2005, while operating a vehicle that is​ not a commercial motor vehicle shall not be counted as a first or subsequent violation for purposes of​ determining the period for which a driver must be disqualified under this section.​ Subd. 7. Scope. This section applies to offenses committed, and revocations imposed for incidents​ occurring, on or after January 1, 1990.​ History: 1989 c 307 s 28; 1991 c 333 s 29; 1994 c 501 s 7; 1996 c 275 s 10; 1999 c 93 s 1; 2000 c 478​ art 2 s 7; 2002 c 371 art 1 s 60; 1Sp2005 c 6 art 3 s 72-74; 2008 c 350 art 1 s 61; 2017 c 83 art 3 s 18​

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171.166 REVIEW OF DISQUALIFICATION.​ Subdivision 1. Review of convictions. The commissioner shall review court records of convictions​ subject to section 171.165, other than a violation of section 169A.20, 169A.31, sections 169A.50 to 169A.53,​ or section 171.177, if the commissioner has reasonable cause to believe the information is pertinent to the​ disqualification of an individual.​ Subd. 2. Notification to commercial driver's license holder or applicant. The commissioner shall​ notify the applicant or license holder and the individual who is the subject of a review, in writing, of the​ results of the review. The commissioner shall notify the individual reviewed if the information contained​ in the review could cause license disqualification.​ Subd. 3. Reconsideration of license disqualification. (a) Within 30 days after receiving notice of​ possible disqualification under subdivision 2, the individual who is the subject of the review may request​ reconsideration of the notice of possible disqualification. The individual must submit the request for​ reconsideration to the commissioner in writing. The individual must present information to show that the​ information the commissioner relied upon is incorrect or not applicable for disqualification of the individual​ being reviewed.​ (b) The commissioner may set aside the disqualification if the commissioner finds that the information​ the commissioner relied upon is incorrect or not applicable for disqualification of the individual being​ reviewed.​ (c) The commissioner shall notify the applicant or license holder in writing of the reconsideration decision​ within 15 working days after receiving the request for reconsideration. The disqualification takes effect 20​ days after the person receives the reconsideration decision.​ Subd. 4. [Repealed, 1995 c 56 s 2]​ History: 1989 c 307 s 29; 1995 c 56 s 1; 2000 c 478 art 2 s 7; 2017 c 83 art 3 s 18​ 171.167 NOTICE TO COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM.​ The department shall participate fully in the commercial driver's license information system established​ under the Commercial Motor Vehicle Safety Act of 1986 at United States Code, title 49, section 31309.​ History: 1Sp2005 c 6 art 3 s 75​ 171.168 NOTICE OF VIOLATION BY COMMERCIAL DRIVER.​ Subdivision 1. Department notice. Each person who operates a commercial motor vehicle, who has a​ commercial driver's license issued by this state, and who is convicted of a criminal offense; of a serious​ traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of violating any other​ state or local law relating to motor vehicle traffic control, other than a parking violation, in any type of motor​ vehicle in another state or jurisdiction, shall notify the department's Division of Driver and Vehicle Services​ of the conviction. The person shall notify the division within 30 days after the date that the person was​ convicted.​ Subd. 2. Employer notice. Each person who operates a commercial motor vehicle, who has a commercial​ driver's license issued by this state, and who is convicted of violating, in any type of motor vehicle, a​ Minnesota state or local law relating to motor vehicle traffic control, other than a parking violation, shall​ notify the person's employer of the conviction. The person shall notify the person's employer within 30 days​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 65​ MINNESOTA STATUTES 2020​ 171.17​ after the date that the person was convicted. If the person is not currently employed, the person shall notify​ the division according to subdivision 1.​ Subd. 3. Department notice information. Notification to the division must be made in writing and​ contain the following information:​ (1) the driver's full name;​ (2) the driver's license number;​ (3) the date of conviction;​ (4) the specific criminal or other offense; serious traffic violation, as defined in Code of Federal​ Regulations, title 49, section 383.5; and any other violation of state or local law relating to motor vehicle​ traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain​ driving privileges that resulted from the conviction;​ (5) an indication whether the violation was in a commercial motor vehicle;​ (6) the location of the offense; and​ (7) the driver's signature.​ History: 2008 c 350 art 1 s 62​ 171.169 NOTICE OF COMMERCIAL LICENSE SUSPENSION.​ Each employee, as defined in Code of Federal Regulations, title 49, section 383.5, who has a​ Minnesota-issued driver's license suspended, revoked, or canceled by this state or another state or jurisdiction,​ who loses the right to operate a commercial motor vehicle in this state or another state or jurisdiction for​ any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify​ the person's employer of the suspension, revocation, cancellation, lost privilege, or disqualification. The​ employee shall notify the employer before the end of the business day following the day the employee​ received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.​ History: 2008 c 350 art 1 s 63​ 171.17 REVOCATION.​ Subdivision 1. Offenses. (a) The department shall immediately revoke the license of a driver upon​ receiving a record of the driver's conviction of:​ (1) manslaughter resulting from the operation of a motor vehicle or criminal vehicular homicide or injury​ under section 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21;​ (2) a violation of section 169A.20 or 609.487;​ (3) a felony in the commission of which a motor vehicle was used;​ (4) failure to stop and disclose identity and render aid, as required under section 169.09, in the event of​ a motor vehicle accident, resulting in the death or personal injury of another;​ (5) perjury or the making of a false affidavit or statement to the department under any law relating to​ the application, ownership, or operation of a motor vehicle, including on the certification required under​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.17​ MINNESOTA STATUTES 2020​ 66​ section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue an instruction permit to a homeschool​ student;​

(6) except as this section otherwise provides, three charges of violating within a period of 12 months​ any of the provisions of chapter 169 or of the rules or municipal ordinances enacted in conformance with​ chapter 169, for which the accused may be punished upon conviction by imprisonment;​

(7) two or more violations, within five years, of the misdemeanor offense described in section 169.444,​ subdivision 2, paragraph (a);​

(8) the gross misdemeanor offense described in section 169.444, subdivision 2, paragraph (b);​

(9) an offense in another state that, if committed in this state, would be grounds for revoking the driver's​ license; or​

(10) a violation of an applicable speed limit by a person driving in excess of 100 miles per hour. The​ person's license must be revoked for six months for a violation of this clause, or for a longer minimum period​ of time applicable under section 169A.53, 169A.54, or 171.174.​

(b) The department shall immediately revoke the school bus endorsement of a driver upon receiving a​ record of the driver's conviction of the misdemeanor offense described in section 169.443, subdivision 7.​

Subd. 2. Offenses by juveniles. When a juvenile court judge or duly authorized agent determines under​ a proceeding held under chapter 260 that a person under the age of 18 years has committed an offense defined​ in this section, the judge or authorized agent shall immediately report this determination to the department,​ and the commissioner shall immediately revoke the person's license.​

Subd. 3. Notice. Upon revoking a license under this chapter, the department shall immediately notify​ the licensee, in writing, by depositing in the United States post office a notice addressed to the licensee at​ the licensee's last known address, with postage prepaid.​

Subd. 4. Criminal vehicular operation; revocation periods. (a) As used in this subdivision, "qualified​ prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22.​

(b) Upon receiving a record of a conviction for a violation of section 609.2112, subdivision 1, paragraph​ (a), clause (2), (3), (4), (5), or (6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); subdivision 2,​ clause (2), (3), (4), (5), or (6); or subdivision 3, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1,​ paragraph (a), clause (2), (3), (4), (5), or (6), or subdivision 2, clause (2), (3), (4), (5), or (6); the commissioner​ shall revoke the driver's license or driving privileges of a person as follows:​

(1) not less than ten years if the violation resulted in great bodily harm or death to another and the person​ has two or more qualified prior impaired driving incidents within the past ten years or three or more qualified​ prior impaired driving incidents, and with denial under section 171.04, subdivision 1, clause (10), until​ rehabilitation is established according to standards established by the commissioner;​

(2) not less than eight years if the violation resulted in great bodily harm or death to another and the​ person has a qualified prior impaired driving incident within the past ten years;​

(3) not less than six years if the violation resulted in great bodily harm or death to another;​

(4) not less than six years if the violation resulted in bodily harm or substantial bodily harm to another​ and the person has two or more qualified prior impaired driving incidents within the past ten years or three​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 67​ MINNESOTA STATUTES 2020​ 171.172​ or more qualified prior impaired driving incidents, and with denial under section 171.04, subdivision 1,​ clause (10), until rehabilitation is established according to standards established by the commissioner;​

(5) not less than four years if the violation resulted in bodily harm or substantial bodily harm to another​ and the person has a qualified prior impaired driving incident within the past ten years; or​

(6) not less than two years if the violation resulted in bodily harm or substantial bodily harm to another.​

(c) Section 169A.09 applies when determining the number of qualified prior impaired driving incidents​ under this subdivision.​

History: (2720-145b) 1939 c 401 s 17; 1951 c 483 s 1; 1961 c 32 s 1; Ex1971 c 27 s 25; 1981 c 363 s​ 39; 1985 c 248 s 70; 1985 c 291 s 21; 1986 c 444; 1987 c 123 s 3; 1991 c 270 s 2; 1991 c 277 s 14; 1993​ c 78 s 5; 1998 c 388 s 21,22; 2000 c 478 art 2 s 7; 1Sp2005 c 6 art 3 s 76; 1Sp2011 c 11 art 1 s 29; 2013 c​ 117 art 3 s 12; 2014 c 180 s 9; 2020 c 83 art 1 s 60​

171.171 SUSPENSION; ILLEGAL PURCHASE OF ALCOHOL OR TOBACCO.​

The commissioner shall suspend for a period of 90 days the license of a person who:​

(1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic​ beverage in violation of section 340A.503 if the person used a license, Minnesota identification card, or any​ type of false identification to purchase or attempt to purchase the alcoholic beverage;​

(2) is convicted under section 171.22, subdivision 1, clause (2), or 340A.503, subdivision 2, clause (3),​ of lending or knowingly permitting a person under the age of 21 years to use the person's license, Minnesota​ identification card, or other type of identification to purchase or attempt to purchase an alcoholic beverage;​ or​

(3) is convicted under section 171.22, subdivision 1, clause (2), of lending or knowingly permitting a​ person under the age of 21 years to use the person's license, Minnesota identification card, or other type of​ identification to purchase or attempt to purchase tobacco, a tobacco-related device, or an electronic delivery​ device, as defined in section 609.685, subdivision 1; or a nicotine or lobelia delivery product, as described​ in section 609.6855, subdivision 1.​

History: 1985 c 305 art 1 s 1; 1989 c 301 s 9; 1997 c 227 s 1; 1998 c 388 s 23; 2000 c 472 s 1; 2020​ c 88 s 3​

171.172 REVOCATION; CONTROLLED SUBSTANCE OFFENSE.​

The commissioner of public safety shall revoke the license of any person convicted of or any juvenile​ adjudicated for a controlled substance offense if the court has notified the commissioner of a determination​ made under section 152.0271 or 260B.198, subdivision 1. The period of revocation shall be for the applicable​ time period specified in section 152.0271. If the person does not have a license or if the person's license is​ suspended or revoked at the time of the conviction or adjudication, the commissioner shall, upon the person's​ application for license issuance or reinstatement, delay the issuance or reinstatement of the person's license​ for the applicable time period specified in section 152.0271.​

History: 1993 c 347 s 14; 1998 c 388 s 24; 1999 c 139 art 4 s 2​

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171.173 SUSPENSION; UNDERAGE DRINKING OFFENSE.​

The commissioner of public safety shall suspend the license of any person convicted of or any juvenile​ adjudicated for an offense under section 340A.503, subdivision 1, paragraph (a), clause (2), if the court has​ notified the commissioner of a determination made under section 169A.33, subdivision 4. The period of​ suspension shall be for the applicable period specified in section 169A.33. If the person does not have a​ license or if the person's license is suspended or revoked at the time of the conviction or adjudication, the​ commissioner shall, upon the person's application for license issuance or reinstatement, delay the issuance​ or reinstatement of the person's license for the applicable time period specified in section 169A.33. Upon​ receipt of the court's order, the commissioner is authorized to take the licensing action without a hearing.​

History: 1993 c 347 s 15; 1998 c 388 s 25; 2001 c 7 s 44​

171.174 REVOCATION; FLEEING PEACE OFFICER OFFENSE.​

The commissioner of public safety shall revoke the license of a person upon receipt of a certificate of​ conviction showing that the person has in a motor vehicle violated section 609.487, subdivision 3 or 4, or​ an ordinance in conformity with those subdivisions. The commissioner shall revoke the license as follows:​

(1) for the first offense under section 609.487, subdivision 3, for not less than one year;​

(2) for the second offense or subsequent offenses under section 609.487, subdivision 3, for not less than​ three years;​

(3) for an offense under section 609.487, subdivision 4, clause (a), for not less than ten years;​

(4) for an offense under section 609.487, subdivision 4, clause (b), for not less than seven years; and​

(5) for an offense under section 609.487, subdivision 4, clause (c), for not less than five years.​

A limited license under section 171.30 may not be issued for one-half of the revocation period specified in​ clauses (1) to (5) and after that period is over only upon and as recommended by the adjudicating court.​

History: 1996 c 408 art 3 s 10; 1998 c 388 s 26​

171.175 SUSPENSION; THEFT OF MOTOR FUEL OFFENSE.​

Subdivision 1. Theft of motor fuel. The commissioner of public safety shall suspend for 30 days the​ license of any person convicted or juvenile adjudicated delinquent for theft of motor fuel under section​ 609.52, subdivision 2, paragraph (a), clause (1) or (18).​

Subd. 2. Definition. For the purposes of this section, "motor fuel" has the meaning given it in section​ 604.15, subdivision 1.​

History: 2005 c 136 art 17 s 3; 2012 c 173 s 1; 2020 c 83 art 1 s 61​

171.176 REVOCATION OR SUSPENSION; SCHOOL ATTENDANCE.​

The commissioner of public safety may not link or condition issuing, suspending, or revoking a person's​ license to operate a motor vehicle to attendance at a secondary school.​

History: 1Sp2005 c 5 art 2 s 79​

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171.177 REVOCATION; PURSUANT TO SEARCH WARRANT.​

Subdivision 1. Search warrant-required testing advisory. At the time a blood or urine test is directed​ pursuant to a search warrant under sections 626.04 to 626.18, the person must be informed that refusal to​ submit to a blood or urine test is a crime.​

Subd. 2. Type of test. The peace officer who directs a test pursuant to a search warrant shall direct a​ blood or urine test as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer​ may direct whether the test is of blood or urine. If the person to whom the test is directed objects to the test,​ the officer shall offer the person an alternative test of either blood or urine. Action may be taken against a​ person who refuses to take a blood test only if a urine test was offered and action may be taken against a​ person who refuses to take a urine test only if a blood test was offered.​

Subd. 3. License revocation pursuant to search warrant. After executing a search warrant under​ sections 626.04 to 626.18 for the collection of a blood or urine sample based upon probable cause of a​ violation of section 169A.20, the peace officer acting under sections 626.13 to 626.17 shall certify to the​ commissioner of public safety:​

(1) when a person refuses to comply with the execution of the search warrant; or​

(2) if a person submits to the test and the test results indicate:​

(i) an alcohol concentration of 0.08 or more;​

(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in physical control​ of a commercial motor vehicle at the time of the violation; or​

(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana​ or tetrahydrocannabinols.​

Subd. 4. Test refusal; license revocation. (a) Upon certification under subdivision 3 that there existed​ probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle​ in violation of section 169A.20, and that the person refused to comply with the execution of the search​ warrant under sections 626.04 to 626.18, the commissioner shall revoke the person's license or permit to​ drive or nonresident operating privilege. The commissioner shall revoke the license, permit, or nonresident​ operating privilege:​

(1) for a person with no qualified prior impaired driving incidents within the past ten years, for a period​ of not less than one year;​

(2) for a person under the age of 21 years and with no qualified prior impaired driving incidents within​ the past ten years, for a period of not less than one year;​

(3) for a person with one qualified prior impaired driving incident within the past ten years or two​ qualified prior impaired driving incidents, for a period of not less than two years;​

(4) for a person with two qualified prior impaired driving incidents within the past ten years or three​ qualified prior impaired driving incidents, for a period of not less than three years;​

(5) for a person with three qualified prior impaired driving incidents within the past ten years, for a​ period of not less than four years; or​

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(6) for a person with four or more qualified prior impaired driving incidents, for a period of not less​ than six years.​

(b) When a person who had been driving, operating, or in physical control of a commercial motor vehicle​ refuses to comply with the search warrant and permit testing, the commissioner shall disqualify the person​ from operating a commercial motor vehicle and shall revoke the person's license or permit to drive or​ nonresident operating privilege according to the federal regulations adopted by reference in section 171.165,​ subdivision 2.​

Subd. 5. Test failure; license revocation. (a) Upon certification under subdivision 3, pursuant to a​ search warrant under sections 626.04 to 626.18, that there existed probable cause to believe the person had​ been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that​ the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the​ presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or​ tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive or nonresident​ operating privilege:​

(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice the legal limit​ or more, not less than one year;​

(2) if the person is under the age of 21 years, for a period of not less than 180 days or, if the test results​ indicate an alcohol concentration of twice the legal limit or more, not less than one year;​

(3) for a person with one qualified prior impaired driving incident within the past ten years or two​ qualified prior impaired driving incidents, for a period of not less than one year or, if the test results indicate​ an alcohol concentration of twice the legal limit or more, not less than two years;​

(4) for a person with two qualified prior impaired driving incidents within the past ten years or three​ qualified prior impaired driving incidents, for a period of not less than three years;​

(5) for a person with three qualified prior impaired driving incidents within the past ten years, for a​ period of not less than four years; or​

(6) for a person with four or more qualified prior impaired driving incidents, for a period of not less​ than six years.​

(b) On certification by the peace officer that there existed probable cause to believe the person had been​ driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and​ that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more,​ the commissioner shall disqualify the person from operating a commercial motor vehicle under section​ 171.165.​

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of Criminal​ Apprehension or authorized by the bureau to conduct the analysis of a blood or urine sample, the laboratory​ may directly certify to the commissioner the test results, and the peace officer shall certify to the commissioner​ that there existed probable cause to believe the person had been driving, operating, or in physical control of​ a motor vehicle in violation of section 169A.20, and that the person submitted to a test. Upon receipt of both​ certifications, the commissioner shall undertake the license actions described in paragraphs (a) and (b).​

Subd. 6. Unlicensed drivers; license issuance denial. If the person is a resident without a license or​ permit to operate a motor vehicle in this state, the commissioner shall deny to the person the issuance of a​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 71​ MINNESOTA STATUTES 2020​ 171.177​ license or permit after the date of the alleged violation for the same period as provided in this section for​ revocation, subject to review as provided in subdivisions 10 and 11.​

Subd. 7. Notice of revocation or disqualification; review. A revocation under this section, or a​ disqualification under section 171.165, becomes effective at the time the commissioner or a peace officer​ acting on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or both, and​ of revocation or disqualification. The notice must advise the person of the right to obtain administrative and​ judicial review as provided in subdivisions 10 and 11. If mailed, the notice and order of revocation or​ disqualification is deemed received three days after mailing to the last known address of the person.​

Subd. 8. Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace officer requiring​ a test or directing the administration of a chemical test pursuant to a search warrant under sections 626.04​ to 626.18 shall serve immediate notice of intention to revoke and of revocation on a person who refuses to​ permit a test or on a person who submits to a test, the results of which indicate an alcohol concentration of​ 0.08 or more.​

(b) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a​ chemical test of a person driving, operating, or in physical control of a commercial motor vehicle pursuant​ to a search warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to disqualify​ and of disqualification on a person who refuses to permit a test or on a person who submits to a test, the​ results of which indicate an alcohol concentration of 0.04 or more.​

(c) The officer shall:​

(1) invalidate the person's driver's license or permit card by clipping the upper corner of the card in such​ a way that no identifying information including the photo is destroyed, and immediately return the card to​ the person;​

(2) issue the person a temporary license effective for only seven days; and​

(3) send the notification of this action to the commissioner along with the certificate required by​ subdivision 5 or 6.​

Subd. 9. Notice of action to other states. When a nonresident's privilege to operate a motor vehicle in​ this state has been revoked or denied, the commissioner shall give information of the action taken in writing​ to the official in charge of traffic control or public safety of the state of the person's residence and of any​ state in which the person has a license.​

Subd. 10. Administrative review. (a) At any time during a period of revocation imposed under this​ section, or a period of disqualification imposed under section 171.165, a person may request in writing a​ review of the order of revocation or disqualification by the commissioner, unless the person is entitled to​ review under section 171.166. Upon receiving a request, the commissioner or the commissioner's designee​ shall review the order, the evidence upon which the order was based, and any other material information​ brought to the attention of the commissioner and determine whether sufficient cause exists to sustain the​ order. Within 15 days of receiving the request, the commissioner shall report in writing the results of the​ review. The review provided in this subdivision is not subject to the contested case provisions of the​ Administrative Procedure Act in sections 14.001 to 14.69.​

(b) The availability of administrative review for an order of revocation or disqualification has no effect​ upon the availability of judicial review under this section.​

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(c) Review under this subdivision must take place, if possible, at the same time as any administrative​ review of the person's impoundment order under section 169A.60, subdivision 9.​ Subd. 11. Petition for judicial review. (a) Within 60 days following receipt of a notice and order of​ revocation pursuant to this section, a person may petition the court for review. The petition must be filed​ with the district court administrator in the county where the alleged offense occurred, together with proof​ of service of a copy on the commissioner, and accompanied by the standard filing fee for civil actions.​ Responsive pleading is not required of the commissioner, and court fees must not be charged for the​ appearance of the commissioner in the matter.​ (b) The petition must:​ (1) be captioned in the full name of the person making the petition as petitioner and the commissioner​ as respondent;​ (2) include the petitioner's date of birth and driver's license number, and the date of the offense; and​ (3) state with specificity the grounds upon which the petitioner seeks rescission of the order of revocation,​ disqualification, or denial.​ (c) The filing of the petition does not stay the revocation, disqualification, or denial. The reviewing court​ may order a stay of the balance of the revocation or disqualification if the hearing has not been conducted​ within 60 days after filing the petition upon terms the court deems proper.​ (d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except that prehearing​ discovery is mandatory and is limited to:​ (1) the notice of revocation;​ (2) the certificate of analysis of the blood or urine test;​ (3) the peace officer's certificate and any accompanying documentation submitted by the arresting officer​ to the commissioner; and​ (4) disclosure of potential witnesses, including experts, and the basis of their testimony.​ Other types of discovery are available only upon order of the court.​ Subd. 12. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under this section must​ be before a district judge in any county in the judicial district where the alleged offense occurred. The hearing​ is to the court and may be conducted at the same time and in the same manner as hearings upon pretrial​ motions in the criminal prosecution under section 169A.20, if any. The hearing must be recorded. The​ commissioner shall appear and be represented by the attorney general or through the prosecuting authority​ for the jurisdiction involved. The hearing must be held at the earliest practicable date, and in any event no​ later than 60 days following the filing of the petition for review. The judicial district administrator shall​ establish procedures to ensure efficient compliance with this subdivision. To accomplish this, the administrator​ may, whenever possible, consolidate and transfer review hearings among the locations within the judicial​ district where terms of district court are held.​ (b) The scope of the hearing is limited to the issues in clauses (1) to (13):​ (1) Did the peace officer have probable cause to believe the person was driving, operating, or in physical​ control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?​

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(2) Was the person lawfully placed under arrest for violation of section 169A.20?​ (3) Was the person involved in a motor vehicle accident or collision resulting in property damage,​ personal injury, or death?​ (4) Did a licensed peace officer apply for a search warrant in accordance with the requirements set forth​ in sections 626.04 to 626.18?​ (5) Did a neutral magistrate review the application for a search warrant and determine there was probable​ cause to believe that the person was driving, operating, or in physical control of a motor vehicle or commercial​ motor vehicle in violation of section 169A.20?​ (6) Was the search warrant and the process by which it was obtained valid?​ (7) At the time of directing the person to take the test, did the peace officer inform the person that refusing​ the test was a crime as required by subdivision 1?​ (8) Did the person refuse to permit the test?​ (9) If a test was taken by a person driving, operating, or in physical control of a motor vehicle, did the​ test results indicate at the time of testing:​ (i) an alcohol concentration of 0.08 or more; or​ (ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana​ or tetrahydrocannabinols?​ (10) If a test was taken by a person driving, operating, or in physical control of a commercial motor​ vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time of testing?​ (11) Was the testing method used valid and reliable and were the test results accurately evaluated?​ (12) Did the person prove the defense of necessity?​ (13) Did the person prove the defense of controlled substance use in accordance with a prescription?​ (c) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records,​ documents, licenses, and certificates are admissible as substantive evidence.​ (d) The court shall order that the revocation or disqualification be either rescinded or sustained and​ forward the order to the commissioner. The court shall file its order within 14 days following the hearing.​ If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or​ permit to the commissioner for further action by the commissioner if the license or permit is not already in​ the commissioner's possession.​ (e) Any party aggrieved by the decision of the reviewing court may appeal the decision as provided in​ the Rules of Appellate Procedure.​ (f) The civil hearing under this section shall not give rise to an estoppel on any issues arising from the​ same set of circumstances in any criminal prosecution.​ (g) It is an affirmative defense for the petitioner to prove a necessity.​ (h) It is an affirmative defense to the presence of a Schedule I or II controlled substance that the person​ used the controlled substance according to the terms of a prescription issued for the person according to​

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Subd. 13. Test refusal; no test given. (a) If a person refuses to permit a blood or urine test as required​ by a search warrant and the provisions of this section, then a test must not be given. However, the applicable​ provisions of this section, section 169A.52, subdivision 1, and other law apply.​

(b) Notwithstanding paragraph (a), if a peace officer has probable cause to believe that a person has​ violated section 609.2112, 609.2113, 609.2114, or Minnesota Statutes 2012, section 609.21, a test may be​ required and obtained despite the person's refusal. A refusal to submit to a test does not constitute a violation​ of section 609.50, unless the refusal was accompanied by force or violence or the threat of force or violence.​

Subd. 14. Definitions. The definitions in section 169A.03 apply to this section.​

History: 2017 c 83 art 2 s 10​

171.18 SUSPENSION.​

Subdivision 1. Offenses. (a) The commissioner may suspend the license of a driver without preliminary​ hearing upon a showing by department records or other sufficient evidence that the licensee:​

(1) has committed an offense for which mandatory revocation of license is required upon conviction;​

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating​ traffic, other than a conviction for a petty misdemeanor, and department records show that the violation​ contributed in causing an accident resulting in the death or personal injury of another, or serious property​ damage;​

(3) is an habitually reckless or negligent driver of a motor vehicle;​

(4) is an habitual violator of the traffic laws;​

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;​

(6) has permitted an unlawful or fraudulent use of the license;​

(7) has committed an offense in another state that, if committed in this state, would be grounds for​ suspension;​

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a​ prior conviction under that section;​

(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's​ driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota​ identification card;​

(10) has failed to appear in court as provided in section 169.92, subdivision 4;​

(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of​ driving privileges;​

(12) has been found to have committed an offense under section 169A.33; or​

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(13) has paid or attempted to pay a fee required under this chapter for a license or permit by means of​ a dishonored check issued to the state or a driver's license agent, which must be continued until the registrar​ determines or is informed by the agent that the dishonored check has been paid in full.​ However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation​ of the court when made in connection with the prosecution of the licensee.​ (b) The commissioner may not suspend the driver's license of an individual under paragraph (a) who​ was convicted of a violation of section 171.24, subdivision 1, whose license was under suspension at the​ time solely because of the individual's failure to appear in court or failure to pay a fine.​ Subd. 2. Notice. The department may not suspend a driver's license until 14 days after the date on which​ the department mails to the licensee a written notice of the department's intent to suspend the license,​ addressed to the licensee at the licensee's last known address, with postage prepaid. Suspension of a driver's​ license shall take effect immediately upon a finding by the commissioner, based on department records or​ other sufficient evidence, that a delay in the effectiveness of the suspension poses a threat to public safety.​ The department shall immediately notify the licensee of the suspension by mail, addressed to the licensee's​ last known address, with postage prepaid.​ Subd. 3. Hearing. (a) The licensee may request, in writing, a hearing. The department shall afford the​ requesting licensee an opportunity for a hearing within 20 days after receipt of the request in the county​ where the licensee resides, unless the department and the licensee agree that the hearing may be held in​ some other county.​ (b) For the hearing, the commissioner may administer oaths and issue subpoenas for the attendance of​ witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.​ (c) Following the hearing, the department shall either rescind its order of suspension or, for good cause​ shown, may extend the suspension of the license or revoke the license.​ (d) The department shall not suspend a license for a period of more than one year.​ History: (2720-145c) 1939 c 401 s 18; 1955 c 713 s 1; 1973 c 698 s 6; 1978 c 783 s 7; 1986 c 444;​ 1989 c 307 s 30; 1990 c 510 s 8; 1991 c 277 s 15; 1994 c 636 art 2 s 4; 1Sp1995 c 3 art 2 s 41; 1996 c 346​ s 6,7; 1996 c 442 s 21; 2000 c 478 art 2 s 7; 1Sp2005 c 6 art 3 s 77; 2006 c 260 art 2 s 17​ 171.181 RESIDENT DRIVING PRIVILEGE.​ Subdivision 1. Foreign state conviction. (a) On revoking or suspending the driver's license of a Minnesota​ resident as a result of a foreign state conviction, the commissioner shall notify that foreign state when the​ driver's license is reinstated or a new license issued.​ (b) For the purposes of this section, "foreign state" means a state as defined in section 171.01, subdivision​ 47, excluding the state of Minnesota.​ Subd. 2. [Repealed, 1983 c 127 s 2]​ History: 1978 c 783 s 8; 1986 c 444; 2005 c 10 art 1 s 32​ 171.182 SUSPENSION; UNINSURED VEHICLE.​ Subdivision 1. Definition. For the purposes of sections 171.182 to 171.184, the term "judgment" means​ a judgment which has become final by expiration without appeal within the time which an appeal might​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.182​ MINNESOTA STATUTES 2020​ 76​ have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction, including​ county, municipal, or conciliation court, of any state of the United States, upon a claim for relief arising out​ of ownership, maintenance, or use of a motor vehicle, for damages, including damages for care and loss of​ services, because of bodily injury to or death of a person, or for damages because of injury to or destruction​ of property, including the loss of use thereof, or upon a claim for relief on an agreement of settlement for​ the damages.​ Subd. 2. Copy of judgment to commissioner. If a person fails within 30 days to satisfy a judgment,​ the court administrator, upon affidavit of the judgment creditor that the judgment has not been satisfied,​ shall immediately forward to the commissioner a certified copy of the judgment and affidavit of identification.​ If the judgment debtor named in a certified copy of a judgment reported to the commissioner is a​ nonresident, the commissioner shall transmit a certified copy of the judgment to the official in charge of the​ issuance of drivers' licenses of the state of which the judgment debtor is a resident.​ Subd. 3. Conditions. (a) The commissioner, upon receipt of a certified copy of a judgment, shall suspend​ the license or the nonresident's operating privilege of the person against whom judgment was rendered if:​ (1) at the time of the accident the person did not maintain the reparation security required by section​ 65B.48; and​ (2) the judgment has not been satisfied.​ (b) Suspensions under this section are subject to the notice requirements of section 171.18, subdivision​ 2.​ Subd. 4. Duration. A license or nonresident's operating privilege shall remain suspended and shall not​ be renewed, nor shall a license be thereafter issued to the person until every judgment is satisfied in full, or​ has expired, or to the extent hereinafter provided.​ Subd. 5. Affidavit of insurance coverage. A person whose license or nonresident's operating privileges​ has been suspended or has become subject to suspension because of an unsatisfied judgment may be relieved​ of the suspension by filing with the commissioner an affidavit stating that at the time of the accident giving​ rise to the judgment the person was insured, that the insurer is liable for the judgment, and the reason, if​ known, why the judgment has not been paid. The affidavit shall be accompanied by a copy of the insurance​ policy and other documents the commissioner requires to show that the loss, injury or damage giving rise​ to the judgment was covered by the policy. If satisfied that the insurer was authorized to issue the policy​ and is liable for the judgment, at least to the extent and for the amounts required in this chapter, the​ commissioner shall not suspend the license, or reinstate the license if already suspended.​ History: 1982 c 598 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 346 s 8​ 171.183 SATISFACTION OF JUDGMENT.​ Subdivision 1. Requirements. For the purposes of sections 171.182 to 171.184, a judgment is satisfied​ if:​ (1) $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because​ of bodily injury to or death of one person as the result of any one accident;​ (2) subject to the limit of $30,000 because of bodily injury to or death of one person, the sum of $60,000​ has been credited upon any judgment or judgments rendered in excess of that amount because of bodily​ injury to or death of two or more persons as the result of any one accident; or​

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(3) $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because​ of damage to or destruction of property of others as a result of any one accident.​ Subd. 2. Other payments credited. Payments made in settlement of claims because of bodily injury,​ death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts​ provided for in this section.​ History: 1982 c 598 s 2; 1Sp2001 c 8 art 2 s 47​ 171.184 INSTALLMENT PAYMENTS.​ Subdivision 1. Authorization. A judgment debtor upon due notice to the judgment creditor may apply​ to the court in which the judgment was rendered for the privilege of paying the judgment in installments.​ The court, in its discretion and without prejudice to any other legal remedies which the judgment creditor​ may have, may so order and fix the amounts and times of payments of the installments.​ Subd. 2. Stay of suspension. The commissioner shall not suspend a license or a nonresident's operating​ privilege if the judgment debtor gives proof of maintaining the reparation security required by section 65B.48,​ obtains an order or enters into a written agreement with the judgment creditor permitting the payment of the​ judgment in installments, and does not default on the payment of any installment.​ Subd. 3. Termination of stay. If the judgment debtor fails to pay any installment as specified by an​ order or agreement, then upon notice of default, the commissioner shall forthwith suspend the license, or​ nonresident's operating privilege, of the judgment debtor until the judgment is satisfied.​ History: 1982 c 598 s 3​ 171.185 [Repealed, 1Sp2005 c 6 art 2 s 48]​ 171.186 SUSPENSION FOR NONPAYMENT OF SUPPORT; LIMITED LICENSE.​ Subdivision 1. Suspension. The commissioner shall suspend a person's driver's license or operating​ privileges without a hearing upon receipt of a court order or notice from a public authority responsible for​ child support enforcement that states that the driver is in arrears in court-ordered child support or maintenance​ payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and​ maintenance payments, and is not in compliance with a written payment agreement pursuant to section​ 518A.69 that is approved by a court, a child support magistrate, or the public authority responsible for child​ support enforcement, in accordance with section 518A.65.​ Subd. 2. Notice. Upon suspending a driver's license or operating privileges under this section, the​ department shall immediately notify the licensee, in writing, by mailing a notice addressed to the licensee​ at the licensee's last known address.​ Subd. 3. Duration. A license or operating privilege must remain suspended and may not be reinstated,​ nor may a license be subsequently issued to the person, until the commissioner receives notice from the​ court, a child support magistrate, or public authority responsible for child support enforcement that the​ person is in compliance with all current orders of support or written payment agreements pursuant to section​ 518A.69. A fee may not be assessed for reinstatement of a license under this section unless the person whose​ license was suspended under this section has obtained a limited license during the period of suspension.​ Subd. 4. Limited license. (a) Notwithstanding subdivision 3, the commissioner may issue a limited​ license to a person whose license has been suspended under this section if the person qualifies for a limited​ license under section 171.30.​

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(b) A limited license issued to a person under this subdivision must expire 90 days after the date it is​ issued.​ History: 1995 c 257 art 1 s 11; 1999 c 196 art 2 s 3,4; 2002 c 344 s 1-3; 2005 c 164 s 29; 1Sp2005 c​ 7 s 28​ 171.187 SUSPENSION; CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER.​ Subdivision 1. Suspension required. The commissioner shall suspend the driver's license of a person:​ (1) for whom a peace officer has made the certification described in section 629.344 that probable cause​ exists to believe that the person violated section 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4),​ (5), or (6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or​ (6); or subdivision 3, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1, paragraph (a), clause (2),​ (3), (4), (5), or (6), or subdivision 2, clause (2), (3), (4), (5), or (6); or​ (2) who has been formally charged with a violation of section 609.20, 609.205, 609.2112, 609.2113, or​ 609.2114, resulting from the operation of a motor vehicle.​ Subd. 2. Suspension period. A suspension under this section continues until:​ (1) the conviction, acquittal, or dismissal of the underlying crime that resulted in the suspension; or​ (2) the commissioner, acting under subdivision 4, orders the termination of the suspension.​ Subd. 3. Credit. If a person whose driver's license was suspended under subdivision 1 is later convicted​ of the underlying offense that resulted in the suspension and the commissioner revokes the person's license,​ the commissioner shall credit the time accrued under the suspension period toward the revocation period​ imposed under section 171.17, subdivision 4, or for violations of section 609.20, 609.205, or 609.2112,​ subdivision 1, paragraph (a), clause (1), (7), or (8); 609.2113, subdivision 1, clause (1), (7), or (8); subdivision​ 2, clause (1), (7), or (8); or subdivision 3, clause (1), (7), or (8); or 609.2114, subdivision 1, paragraph (a),​ clause (1), (7), or (8), or subdivision 2, clause (1), (7), or (8).​ Subd. 4. Administrative review of license suspension. (a) At any time during which a person's driver's​ license is suspended under this section, the person may request in writing a review of the suspension by the​ commissioner. Upon receiving a request, the commissioner or the commissioner's designee shall review the​ order of suspension, the evidence upon which the order was based, and any other material information​ brought to the attention of the commissioner, and determine whether sufficient cause exists to sustain the​ order. Within 15 days of receiving the request, the commissioner shall report in writing the results of the​ review. The review provided in this subdivision is not subject to the contested case provisions in chapter​ 14.​ (b) In addition to any other reason provided for in this subdivision, a person may request a review of​ the suspension by the commissioner if the suspension has been in place for at least three months and the​ person has not been indicted or formally charged with the underlying crime that resulted in the license​ suspension.​ History: 2013 c 117 art 3 s 13; 2014 c 180 s 9; 2020 c 83 art 1 s 62,63​ 171.19 PETITION FOR COURT HEARING ON LICENSE REINSTATEMENT.​ Any person whose driver's license has been refused, revoked, suspended, canceled, or disqualified by​ the commissioner, except where the license is revoked or disqualified under section 169A.52, 171.177, or​

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171.186, may file a petition for a hearing in the matter in the district court in the county wherein such person​ shall reside and, in the case of a nonresident, in the district court in any county, and such court is hereby​ vested with jurisdiction, and it shall be its duty, to set the matter for hearing upon 15 days' written notice to​ the commissioner, and thereupon to take testimony and examine into the facts of the case to determine​ whether the petitioner is entitled to a license or is subject to revocation, suspension, cancellation,​ disqualification, or refusal of license, and shall render judgment accordingly. The petition for hearing must​ either be filed within 180 days of the effective date of the order of revocation, suspension, cancellation,​ disqualification, or refusal to license or be filed before expiration of the withdrawal period, whichever occurs​ first. The petition shall be heard by the court without a jury and may be heard in or out of term. The​ commissioner may appear in person, or by agents or representatives, and may present evidence upon the​ hearing by affidavit personally, by agents, or by representatives. The petitioner may present evidence by​ affidavit, except that the petitioner must be present in person at such hearing for the purpose of​ cross-examination. In the event the department shall be sustained in these proceedings, the petitioner shall​ have no further right to make further petition to any court for the purpose of obtaining a driver's license until​ after the expiration of one year after the date of such hearing.​

History: (2720-145d) 1939 c 401 s 19; 1982 c 423 s 11; 1986 c 444; 1992 c 571 art 14 s 10; 1997 c​ 245 art 1 s 2; 1Sp1997 c 2 s 54; 1998 c 405 s 6; 2000 c 478 art 2 s 7; 2017 c 83 art 3 s 18​

171.20 MINNESOTA LICENSE REQUIRED; CONDITIONS, FEES.​

Subdivision 1. [Repealed, 1993 c 266 s 34]​

Subd. 2. Operation after revocation, suspension, cancellation, or disqualification. (a) A resident or​ nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been​ suspended, revoked, or canceled, shall not operate a motor vehicle in this state under license, permit, or​ registration certificate issued by any other jurisdiction or otherwise during the suspension, or after the​ revocation until Minnesota driving privileges are reinstated.​

(b) A resident or nonresident who has been disqualified from holding a commercial driver's license or​ been denied the privilege to operate a commercial motor vehicle in this state shall not operate a commercial​ motor vehicle in this state under license, permit, or registration certificate issued by any other jurisdiction​ or otherwise during the disqualification period until Minnesota commercial driving privileges are reinstated.​

Subd. 3. Driver improvement clinic. The commissioner may require, before reissuing a license which​ has been revoked or suspended, that the licensee complete a course of study at an approved driver improvement​ clinic or, in the case of a licensee who is age 18 or younger, a youth-oriented driver improvement clinic.​ The commissioner may not require the licensee to complete such a course unless an approved driver​ improvement clinic or youth-oriented driver improvement clinic is located within 35 miles of the licensee's​ residence. For purposes of this section "an approved driver improvement clinic" means a clinic whose​ curriculum and mode of instruction conform to standards promulgated by the commissioner.​

Subd. 4. Reinstatement fee. (a) Before the license is reinstated, (1) an individual whose driver's license​ has been suspended under section 171.16, subdivisions 2 and 3; 171.175; 171.18; or 171.182, or who has​ been disqualified from holding a commercial driver's license under section 171.165, and (2) an individual​ whose driver's license has been suspended under section 171.186 and who is not exempt from such a fee,​ must pay a fee of $20.​

(b) Before the license is reinstated, an individual whose license has been suspended under sections​ 169.791 to 169.798 must pay a $20 reinstatement fee.​

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(c) When fees are collected by a licensing agent appointed under section 171.061, a handling charge is​ imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fee and surcharge​ must be deposited in an approved state depository as directed under section 171.061, subdivision 4.​ (d) Reinstatement fees collected under paragraph (a) for suspensions under sections 171.16, subdivision​ 3, and 171.18, subdivision 1, clause (10), must be deposited in the general fund.​ (e) A suspension may be rescinded without fee for good cause.​ History: (2720-145e) 1939 c 401 s 20; 1961 c 44 s 1; 1965 c 711 s 6; 1969 c 9 s 32; 1969 c 118 s 2;​ 1980 c 520 s 3; 1983 c 127 s 1; 1985 c 291 s 22; 1989 c 228 s 3; 1989 c 307 s 31; 1995 c 265 art 2 s 20;​ 1Sp1997 c 2 s 55; 1998 c 388 s 27; 1998 c 405 s 7; 2000 c 426 s 28; 2002 c 344 s 4; 1Sp2003 c 19 art 2 s​ 39; 2004 c 295 art 1 s 13; 2005 c 136 art 18 s 12; 1Sp2005 c 6 art 2 s 42; 2007 c 143 art 3 s 7; 1Sp2019 c​ 5 art 2 s 4​ 171.21 COPY OF RECORD AS EVIDENCE.​ Copies of any of the files or records of the department certified by the commissioner as being true copies​ shall be received in evidence in any court in this state with the same force and effect as the originals.​ History: (2720-145f) 1939 c 401 s 21​ 171.22 UNLAWFUL ACTS RELATING TO DRIVER'S LICENSE.​ Subdivision 1. Violations. With regard to any driver's license, including a commercial driver's license,​ it shall be unlawful for any person:​ (1) to display, cause or permit to be displayed, or have in possession, any fictitious or fraudulently altered​ driver's license or Minnesota identification card;​ (2) to lend the person's driver's license or Minnesota identification card to any other person or knowingly​ permit the use thereof by another;​ (3) to display or represent as one's own any driver's license or Minnesota identification card not issued​ to that person;​ (4) to use a fictitious name or date of birth to any police officer or in any application for a driver's license​ or Minnesota identification card, or to knowingly make a false statement, or to knowingly conceal a material​ fact, or otherwise commit a fraud in any such application;​ (5) to alter any driver's license or Minnesota identification card;​ (6) to take any part of the driver's license examination for another or to permit another to take the​ examination for that person;​ (7) to make a counterfeit driver's license or Minnesota identification card;​ (8) to use the name and date of birth of another person to any police officer for the purpose of falsely​ identifying oneself to the police officer;​ (9) to display as a valid driver's license any canceled, revoked, or suspended driver's license. A person​ whose driving privileges have been withdrawn may display a driver's license only for identification purposes;​ or​

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(10) to submit a false affidavit or statement to the department on the certification required under section​ 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue an instruction permit to a homeschool​ student.​ Subd. 2. Penalties. Any person who violates subdivision 1, clause (7) or (8), is guilty of a gross​ misdemeanor. Any person who violates any other provision of subdivision 1 is guilty of a misdemeanor.​ History: (2720-145g) 1939 c 401 s 22; 1957 c 564 s 5; 1961 c 64 s 1; 1969 c 9 s 33; 1971 c 163 s 1;​ 1986 c 444; 1988 c 681 s 16; 1989 c 301 s 10; 1989 c 307 s 32; 1993 c 266 s 26; 1994 c 501 s 8; 1994 c​ 636 art 2 s 5; 1Sp2011 c 11 art 1 s 30​ 171.23 RENTING VEHICLE TO UNLICENSED DRIVER.​ No person shall rent or lease a motor vehicle to any other person unless the latter person is then duly​ licensed hereunder, or, in the case of a nonresident, then duly licensed under the law of the state or country​ of residence, except a nonresident whose home state or country does not require that a driver be licensed.​ History: (2720-145i) 1939 c 401 s 24; 1986 c 444​ 171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.​ Subdivision 1. Driving after suspension; misdemeanor. Except as otherwise provided in subdivision​ 5, a person is guilty of a misdemeanor if:​ (1) the person's driver's license or driving privilege has been suspended;​ (2) the person has been given notice of or reasonably should know of the suspension; and​ (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which​ requires a driver's license, while the person's license or privilege is suspended.​ Subd. 2. Driving after revocation; misdemeanor. A person is guilty of a misdemeanor if:​ (1) the person's driver's license or driving privilege has been revoked;​ (2) the person has been given notice of or reasonably should know of the revocation; and​ (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which​ requires a driver's license, while the person's license or privilege is revoked.​ Subd. 3. Driving after cancellation; misdemeanor. A person is guilty of a misdemeanor if:​ (1) the person's driver's license or driving privilege has been canceled;​ (2) the person has been given notice of or reasonably should know of the cancellation; and​ (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which​ requires a driver's license, while the person's license or privilege is canceled.​ Subd. 4. Driving after disqualification; misdemeanor. A person is guilty of a misdemeanor if the​ person:​ (1) has been disqualified from holding a commercial driver's license or been denied the privilege to​ operate a commercial motor vehicle;​ (2) has been given notice of or reasonably should know of the disqualification; and​

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(3) disobeys the order by operating in this state a commercial motor vehicle while the person is​ disqualified to hold the license or privilege.​ Subd. 5. Gross misdemeanor. A person is guilty of a gross misdemeanor if:​ (1) the person's driver's license or driving privilege has been canceled or denied under section 171.04,​ subdivision 1, clause (10);​ (2) the person has been given notice of or reasonably should know of the cancellation or denial; and​ (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which​ requires a driver's license, while the person's license or privilege is canceled or denied.​ Subd. 6. Responsibility for prosecution. The attorney in the jurisdiction in which the violation occurred​ who is responsible for prosecution of misdemeanor violations of this section is also responsible for prosecution​ of gross misdemeanor violations of this section.​ Subd. 7. Sufficiency of notice. (a) Notice of revocation, suspension, cancellation, or disqualification is​ sufficient if personally served, or if mailed by first class mail to the person's last known address or to the​ address listed on the person's driver's license. Notice is also sufficient if the person was informed that​ revocation, suspension, cancellation, or disqualification would be imposed upon a condition occurring or​ failing to occur, and where the condition has in fact occurred or failed to occur.​ (b) It is not a defense that a person failed to file a change of address with the post office, or failed to​ notify the Department of Public Safety of a change of name or address as required under section 171.11.​ History: (2720-144h, 2720-145j) 1939 c 401 s 23,25; 1943 c 331 s 3; 1947 c 479 s 2; Ex1971 c 27 s​ 26; 1980 c 520 s 4; 1984 c 622 s 17; 1989 c 307 s 33; 1993 c 347 s 16; 1994 c 615 s 20; 1994 c 636 art 2​ s 6; 1997 c 12 art 3 s 8; 1999 c 238 art 2 s 91​ 171.2405 LICENSE REINSTATEMENT DIVERSION PROGRAM.​ Subdivision 1. Establishment. (a) A city or county may establish a license reinstatement diversion​ program for holders of class D drivers' licenses who have been charged with violating section 171.24,​ subdivision 1 or 2. An individual charged with driving after revocation under section 171.24, subdivision​ 2, is eligible for diversion only if the revocation was due to a violation of section 169.791; 169.797; 169A.52;​ 169A.54; 171.17, subdivision 1, paragraph (a), clause (6); or 171.177. An individual who is a holder of a​ commercial driver's license or who has committed an offense in a commercial motor vehicle is not eligible​ to participate in the diversion program. Nothing in this section authorizes the issuance of a driver's license​ to a diversion program participant during the underlying suspension or revocation period at issue in the​ violation of section 171.24, subdivision 1 or 2.​ (b) Notwithstanding any law or ordinance to the contrary, a city or county may contract with a third​ party to create and administer the diversion program under this section. Any participating city or county, at​ its own expense, may request an audit of the administrator.​ (c) For purposes of this section, "administrator" means the city, county, or administrator of the program.​ Subd. 2. Diversion of an individual. (a) A prosecutor for a participating city or county may determine​ whether to accept an individual for diversion. When making the determination, the prosecutor must consider:​ (1) whether the individual has a record of driving without a valid license or other criminal record, or​ has previously participated in a diversion program;​

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(2) the strength of the evidence against the individual, along with any mitigating factors; and​

(3) the apparent ability and willingness of the individual to participate in the diversion program and​ comply with program requirements.​

(b) A city or county attorney may request that an individual be reviewed for a diversion program without​ a formal city or county diversion program being established. The city or county attorney must follow the​ requirements of subdivisions 1 and 2 and may submit the individual's application to an administrator for​ processing in collaboration with DVS to determine if an individual is eligible for approval into the diversion​ program. The participant must meet the requirements in subdivision 4.​

(c) A judge may submit a request for an individual to apply for entry into a diversion program under​ subdivisions 1 and 2. The participant must meet the requirements in subdivision 4.​

Subd. 3. Diversion driver's license. (a) Notwithstanding any law to the contrary, the commissioner​ may issue a diversion driver's license to a person who is a participant in a diversion program, after receiving​ an application and payment of:​

(1) the reinstatement fee under section 171.20, subdivision 4, by a participant whose driver's license has​ been suspended;​

(2) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a participant whose​ driver's license has been revoked under section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a),​ clause (6); or​

(3) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a participant whose​ driver's license has been revoked under section 169A.52, 169A.54, or 171.177. The reinstatement fee and​ surcharge under section 171.29, subdivision 2, paragraph (b), must also be paid during the course of and as​ a condition of the diversion program.​

(b) The commissioner may impose restrictions on a diversion driver's license that are suitable to the​ licensee's driving ability or applicable to the licensee as the commissioner deems appropriate to ensure the​ safe operation of a motor vehicle by the licensee. The participant must follow all requirements of this section,​ the requirements set out by DVS and court restrictions.​

(c) Payments made by participants in the diversion program of the reinstatement fee and surcharge under​ section 171.29, subdivision 2, paragraph (b), must be applied first toward payment of the reinstatement fee​ and, after the reinstatement fee has been fully paid, toward payment of the surcharge. Each payment that is​ applied toward the reinstatement fee must be credited as provided in section 171.29, subdivision 2, paragraph​ (b), and each payment that is applied toward the surcharge must be credited as provided in section 171.29,​ subdivision 2, paragraphs (c) and (d). After the reinstatement fee and surcharge are satisfied, the participant​ must pay the program participation fee.​

(d) Notwithstanding any law to the contrary, a diversion driver's license issued to a participant in the​ program must not be revoked or suspended for convictions entered due to payments made under subdivision​ 4.​

Subd. 4. Program components. (a) At a minimum, the diversion program must require individuals to:​

(1) successfully attend and complete, at the individual's expense, educational classes that provide, among​ other things, information on driver's licensure;​

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(2) pay to the administrator, under a schedule approved by the prosecutor, all required related fees, fines,​ and charges, including applicable statutory license reinstatement fees and costs of participation in the program;​ (3) comply with all traffic laws; and​ (4) demonstrate compliance with motor vehicle insurance requirements.​ (b) Individuals whose underlying citations cost less than $250 shall receive a 60 percent discount on the​ diversion program fee. Individuals whose underlying citations cost $250 to $500 shall receive a 40 percent​ discount on the diversion program fee.​ Subd. 5. Termination of participation; reinstatement of driver's license. (a) An individual's​ participation in the diversion program must be terminated if:​ (1) the individual is found guilty of a moving traffic violation;​ (2) the individual fails to provide proof of vehicle insurance; or​ (3) the administrator of the diversion program informs the commissioner that the individual is no longer​ satisfying the conditions of the diversion program.​ (b) The commissioner must cancel an individual's diversion driver's license upon receiving notice from​ the administrator that the individual is not complying with the requirements of the program.​ (c) The original charge against the individual of a violation of section 171.24 may be reinstated against​ an individual whose participation in the diversion program terminates under paragraph (a), clause (1) or (2).​ (d) If an individual satisfies all requirements of the diversion program, including, at a minimum,​ satisfactory fulfillment of the components under subdivision 4, the administrator must inform the court, the​ prosecutor, and the commissioner of the individual's satisfactory completion of the diversion program.​ (e) Upon receiving notice under paragraph (d), the commissioner must reinstate the individual's driver's​ license.​ (f) Upon receiving notice under paragraph (d), the court must dismiss the charge or the prosecutor must​ decline to prosecute the individual.​ Subd. 6. Fees held on termination of participant. (a) Upon termination of the participant in the program​ under subdivision 5, where there are any held funds and only after the administrator has made payouts on​ citations and fees, the third-party administrator shall hold remaining participant fees for 12 months from the​ date of termination under subdivision 5, paragraph (a), clause (1) or (2).​ (b) A participant who meets DVS requirements to re-enter the diversion program may use held funds​ to pay fees to be reinstated into the program.​ (c) After 12 months, the administrator shall retain the funds for the work performed during the participant's​ enrollment period, prior to the participant's termination date in the diversion program.​ Subd. 7. Biennial report. (a) By February 1 of each even-numbered year, the administrator must report​ on each city and county that participated in the diversion program and provide a report to each participating​ city and county, the commissioner, and the legislative committees with jurisdiction over transportation and​ the judiciary concerning the results of the program. The report must be made available electronically and,​ upon request, in print. The report must include, without limitation, the effect of the program on:​

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(1) recidivism rates for participants in the diversion program;​ (2) the number of participants who successfully completed the program;​ (3) the amount charged to individuals for program fees;​ (4) payment of the fees and fines collected in the diversion program to cities, counties, and the state;​ (5) the total amount of money collected from participants in the program;​ (6) the total amount of money, by category, paid or applied to reinstatement;​ (7) educational support provided to participants in the diversion program;​ (8) the total number of participants in the diversion program;​ (9) the total number of participants terminated from the program under subdivision 5, paragraph (a),​ clauses (1) to (3);​ (10) the reimbursement policy for all payments listed under clause (4); and​ (11) the amount of all payments listed under clause (4) retained from participants who were terminated​ from the program.​ (b) The report must include all recommendations made by cities or counties regarding the future of the​ program and any necessary or suggested legislative changes.​ History: 1Sp2019 c 5 art 6 s 5​ 171.241 CHAPTER VIOLATIONS; MISDEMEANORS.​ It is a misdemeanor for any person to willfully violate any of the provisions of this chapter unless the​ violation is declared by any law to be a felony or gross misdemeanor, or the violation is declared by a section​ of this chapter to be a misdemeanor.​ History: 1984 c 622 s 18​ 171.245 [Repealed, 1978 c 727 s 11]​ 171.25 ENFORCEMENT; DELEGATION OF AUTHORITY.​ The commissioner shall be charged with the responsibility for the administration and execution of this​ chapter.​ Any duties required of or powers conferred on the commissioner under the provisions of this chapter​ may be done and performed or exercised by any of duly authorized agents.​ History: (2720-145k, 2720-146) 1939 c 401 s 26,27; 1986 c 444​ 171.26 MONEY CREDITED TO FUNDS.​ Subdivision 1. Driver services operating account. All money received under this chapter must be paid​ into the state treasury and credited to the driver services operating account in the special revenue fund​ specified under sections 299A.705, except as provided in subdivision 2; 171.06, subdivision 2a; 171.07,​ subdivision 11, paragraph (g); 171.20, subdivision 4, paragraph (d); and 171.29, subdivision 2, paragraph​ (b).​

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Subd. 2. MS 2008 [Expired, 1Sp2005 c 6 art 2 s 43]​ History: (2720-146a) 1939 c 401 s 28; 1943 c 610 s 4; 1947 c 607 s 1; 1971 c 644 s 14; 1976 c 163 s​ 37; 1983 c 293 s 70; 1991 c 233 s 61; 1993 c 266 s 27; 1996 c 455 art 6 s 3; 2005 c 136 art 18 s 13; 1Sp2005​ c 6 art 2 s 43​

MISCELLANEOUS​ 171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.​ (a) Except as otherwise provided in this section, the expiration date for each driver's license is the birthday​ of the driver in the fourth year following the date of issuance of the license. The birthday of the driver shall​ be as indicated on the application for a driver's license. A license may be renewed on or before expiration​ or within one year after expiration upon application, payment of the required fee, and passing the examination​ required of all drivers for renewal. Driving privileges shall be extended or renewed on or preceding the​ expiration date of an existing driver's license unless the commissioner believes that the licensee is no longer​ qualified as a driver.​ (b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. Upon the​ licensee attaining the age of 21 and upon the application, payment of the required fee, and passing the​ examination required of all drivers for renewal, a driver's license shall be issued unless the commissioner​ determines that the licensee is no longer qualified as a driver.​ (c) The expiration date for each provisional license is two years after the date of application for the​ provisional license.​ (d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a person with​ temporary lawful status is the last day of the person's legal stay in the United States, or one year after issuance​ if the last day of the person's legal stay is not identified.​ (e) Any valid Minnesota driver's license issued to a person then or subsequently serving outside Minnesota​ in active military service, as defined in section 190.05, subdivision 5, in any branch or unit of the armed​ forces of the United States, or the person's spouse, shall continue in full force and effect without requirement​ for renewal until the date one year following the service member's separation or discharge from active​ military service, and until the license holder's birthday in the fourth full year following the person's most​ recent license renewal or, in the case of a provisional license, until the person's birthday in the third full year​ following the renewal.​ History: (2720-146b) 1939 c 401 s 29; 1943 c 610 s 1; 1947 c 479 s 3; 1951 c 29 s 1; 1957 c 564 s 6;​ 1971 c 846 s 2; 1973 c 698 s 7; 1973 c 725 s 24; 1985 c 145 s 1; 1986 c 454 s 25; 1989 c 301 s 11; 1998 c​ 388 s 28; 2011 c 54 s 1; 2017 c 76 s 23​ NOTE: (a) The amendment to this section by Laws 2017, chapter 76, section 23, was effective May​ 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or​ after October 1, 2018. Laws 2017, chapter 76, section 29.​ (b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of​ "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to this section​ by Laws 2017, chapter 76, section 23, is repealed on June 30 of the following year. Laws 2017, chapter 76,​ section 27.​ 171.28 [Repealed, 2014 c 255 s 21]​

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171.29 REVOKED LICENSE; CONDITIONS FOR REINSTATEMENT.​ Subdivision 1. Examination required. No person whose driver's license has been revoked by reason​ of conviction, plea of guilty, or forfeiture of bail not vacated, under section 169.791, 169.797, 171.17, or​ 171.172, or revoked under section 169.792, 169A.52, or 171.177 shall be issued another license unless and​ until that person shall have successfully passed an examination as required by the commissioner of public​ safety. This subdivision does not apply to an applicant for early reinstatement under section 169.792,​ subdivision 7a.​ Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a) An individual whose​ driver's license has been revoked as provided in subdivision 1, except under section 169A.52, 169A.54,​ 171.177, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, must pay a $30 fee​ before the driver's license is reinstated.​ (b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169A.52,​ 169A.54, 171.177, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, must pay​ a $250 fee plus a $430 surcharge before the driver's license is reinstated, except as provided in paragraph​ (f). The $250 fee is to be credited as follows:​ (1) Twenty percent must be credited to the driver services operating account in the special revenue fund​ as specified in section 299A.705.​ (2) Sixty-seven percent must be credited to the general fund.​ (3) Eight percent must be credited to a separate account to be known as the Bureau of Criminal​ Apprehension account. Money in this account is annually appropriated to the commissioner of public safety​ and the appropriated amount must be apportioned 80 percent for laboratory costs and 20 percent for carrying​ out the provisions of section 299C.065.​ (4) Five percent must be credited to a separate account to be known as the vehicle forfeiture account,​ which is created in the special revenue fund. The money in the account is annually appropriated to the​ commissioner for costs of handling vehicle forfeitures.​ (c) The revenue from $50 of the surcharge must be credited to a separate account to be known as the​ traumatic brain injury and spinal cord injury account. The revenue from $50 of the surcharge on a​ reinstatement under paragraph (f) is credited from the first installment payment to the traumatic brain injury​ and spinal cord injury account. The money in the account is annually appropriated to the commissioner of​ health to be used as follows: 83 percent for contracts with a qualified community-based organization to​ provide information, resources, and support to assist persons with traumatic brain injury and their families​ to access services, and 17 percent to maintain the traumatic brain injury and spinal cord injury registry​ created in section 144.662. For the purposes of this paragraph, a "qualified community-based organization"​ is a private, not-for-profit organization of consumers of traumatic brain injury services and their family​ members. The organization must be registered with the United States Internal Revenue Service under section​ 501(c)(3) as a tax-exempt organization and must have as its purposes:​ (1) the promotion of public, family, survivor, and professional awareness of the incidence and​ consequences of traumatic brain injury;​ (2) the provision of a network of support for persons with traumatic brain injury, their families, and​ friends;​ (3) the development and support of programs and services to prevent traumatic brain injury;​

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(4) the establishment of education programs for persons with traumatic brain injury; and​

(5) the empowerment of persons with traumatic brain injury through participation in its governance.​

A patient's name, identifying information, or identifiable medical data must not be disclosed to the organization​ without the informed voluntary written consent of the patient or patient's guardian or, if the patient is a​ minor, of the parent or guardian of the patient.​

(d) The remainder of the surcharge must be credited to a separate account to be known as the remote​ electronic alcohol-monitoring program account. The commissioner shall transfer the balance of this account​ to the commissioner of management and budget on a monthly basis for deposit in the general fund.​

(e) When these fees are collected by a licensing agent, appointed under section 171.061, a handling​ charge is imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fees and​ surcharge must be deposited in an approved depository as directed under section 171.061, subdivision 4.​

(f) A person whose driver's license has been revoked as provided in subdivision 1 under section 169A.52,​ 169A.54, or 171.177 and who the court certifies as being financially eligible for a public defender under​ section 611.17, may choose to pay 50 percent and an additional $25 of the total amount of the surcharge​ and 50 percent of the fee required under paragraph (b) to reinstate the person's driver's license, provided the​ person meets all other requirements of reinstatement. If a person chooses to pay 50 percent of the total and​ an additional $25, the driver's license must expire after two years. The person must pay an additional 50​ percent less $25 of the total to extend the license for an additional two years, provided the person is otherwise​ still eligible for the license. After this final payment of the surcharge and fee, the license may be renewed​ on a standard schedule, as provided under section 171.27. A handling charge may be imposed for each​ installment payment. Revenue from the handling charge is credited to the driver services operating account​ in the special revenue fund and is appropriated to the commissioner.​

(g) Any person making installment payments under paragraph (f), whose driver's license subsequently​ expires, or is canceled, revoked, or suspended before payment of 100 percent of the surcharge and fee, must​ pay the outstanding balance due for the initial reinstatement before the driver's license is subsequently​ reinstated. Upon payment of the outstanding balance due for the initial reinstatement, the person may pay​ any new surcharge and fee imposed under paragraph (b) in installment payments as provided under paragraph​ (f).​

Subd. 3. Compliance with impoundment laws. A person whose license has been revoked under section​ 169A.52, 169A.54, or 171.177 may not be issued another license at the end of the revocation period unless​ the person has complied with all applicable registration plate impoundment provisions of sections 168.041​ and 169A.60.​

History: 1959 c 515 s 1,2; 1981 c 363 s 40; 1983 c 293 s 71; 1Sp1985 c 9 art 2 s 23; 1986 c 330 s 3;​ 1986 c 444; 1987 c 398 art 7 s 38; 1987 c 403 art 2 s 15; 1988 c 681 s 5; 1988 c 684 art 1 s 19; 1989 c 329​ art 8 s 10; 1991 c 265 art 8 s 12; 1991 c 292 art 8 s 3; 1991 c 301 s 9; 1991 c 333 s 30; 1992 c 571 art 14​ s 11; 1993 c 224 art 11 s 6; 1994 c 398 s 1; 1994 c 483 s 1; 1994 c 501 s 9; 1995 c 226 art 5 s 2; 1Sp1995​ c 3 art 16 s 13; 1997 c 159 art 2 s 35; 1997 c 239 art 8 s 2; 1998 c 367 art 11 s 7; 1998 c 405 s 8; 1998 c​ 407 art 4 s 1; 1999 c 205 art 3 s 4; 2000 c 426 s 29; 2000 c 478 art 2 s 7; 1Sp2001 c 8 art 2 s 48; art 11 s​ 12; art 12 s 15; 1Sp2001 c 9 art 19 s 13; 2002 c 220 art 7 s 10; 2002 c 379 art 1 s 113; 1Sp2003 c 19 art​ 2 s 40; 1Sp2005 c 6 art 2 s 44; 2008 c 152 art 6 s 6; 2008 c 283 s 1; 2009 c 83 art 3 s 5; 2009 c 101 art 2​ s 109; 2014 c 180 s 9; 2017 c 83 art 3 s 18​

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171.30 LIMITED LICENSE.​ Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited license to the driver​ under the conditions in paragraph (b) in any case where a person's license has been:​ (1) suspended under section 171.18, 171.173, 171.186, or 171.187;​ (2) revoked, canceled, or denied under section:​ (i) 169.792;​ (ii) 169.797;​ (iii) 169A.52:​ (A) subdivision 3, paragraph (a), clause (1) or (2);​ (B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306;​ (C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration​ of less than twice the legal limit;​ (D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306;​ (iv) 171.17; or​ (v) 171.172;​ (3) revoked, canceled, or denied under section 169A.54:​ (i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less than twice the​ legal limit;​ (ii) subdivision 1, clause (2);​ (iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or​ (iv) subdivision 2, if the person does not have a qualified prior impaired driving incident as defined in​ section 169A.03, subdivision 22, on the person's record, and the test results indicate an alcohol concentration​ of less than twice the legal limit; or​ (4) revoked, canceled, or denied under section 171.177:​ (i) subdivision 4, paragraph (a), clause (1) or (2);​ (ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306;​ (iii) subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration​ of less than twice the legal limit; or​ (iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306.​ (b) The following conditions for a limited license under paragraph (a) include:​ (1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program​ depends upon the use of the driver's license;​

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(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of​ the education, medical, or nutritional needs of the family of the homemaker; or​ (3) if attendance at a postsecondary institution of education by an enrolled student of that institution​ depends upon the use of the driver's license.​ (c) The commissioner in issuing a limited license may impose such conditions and limitations as in the​ commissioner's judgment are necessary to the interests of the public safety and welfare including​ reexamination as to the driver's qualifications. The license may be limited to the operation of particular​ vehicles, to particular classes and times of operation, and to particular conditions of traffic. The commissioner​ may require that an applicant for a limited license affirmatively demonstrate that use of public transportation​ or carpooling as an alternative to a limited license would be a significant hardship.​ (d) For purposes of this subdivision:​ (1) "homemaker" refers to the person primarily performing the domestic tasks in a household of residents​ consisting of at least the person and the person's dependent child or other dependents; and​ (2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section​ 169A.20, subdivision 1, clause (5).​ (e) The limited license issued by the commissioner shall clearly indicate the limitations imposed and​ the driver operating under the limited license shall have the license in possession at all times when operating​ as a driver.​ (f) In determining whether to issue a limited license, the commissioner shall consider the number and​ the seriousness of prior convictions and the entire driving record of the driver and shall consider the number​ of miles driven by the driver annually.​ (g) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797,​ the commissioner may only issue a limited license to the person after the person has presented an insurance​ identification card, policy, or written statement indicating that the driver or owner has insurance coverage​ satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance​ identification card provided to satisfy this subdivision be certified by the insurance company to be​ noncancelable for a period not to exceed 12 months.​ (h) The limited license issued by the commissioner to a person under section 171.186, subdivision 4,​ must expire 90 days after the date it is issued. The commissioner must not issue a limited license to a person​ who previously has been issued a limited license under section 171.186, subdivision 4.​ (i) The commissioner shall not issue a limited driver's license to any person described in section 171.04,​ subdivision 1, clause (6), (7), (8), (11), or (14).​ (j) The commissioner shall not issue a class A, class B, or class C limited license.​ Subd. 2. 60-day waiting period. A limited license shall not be issued for a period of 60 days to an​ individual whose license or privilege has been revoked or suspended for commission of the following​ offenses:​ (1) any felony in the commission of which a motor vehicle was used; or​ (2) failure to stop and disclose identity as required under section 169.09, in the event of a motor vehicle​ accident resulting in the death or personal injury of another.​

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Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license shall not be issued​ for a period of:​ (1) 15 days, to a person whose license or privilege has been revoked or suspended for a first violation​ of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another​ state in conformity with either of those sections; or​ (2) one year, to a person whose license or privilege has been revoked or suspended for committing​ manslaughter resulting from the operation of a motor vehicle, committing criminal vehicular homicide or​ injury under section 609.21, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal​ vehicular homicide under section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating​ a statute or ordinance from another state in conformity with either of those offenses.​ Subd. 2b. Waiting period for youth under 18. If a person whose driver's license was suspended or​ revoked for a violation listed under subdivision 2 or 2a is under the age of 18 years at the time of that​ violation, the commissioner shall not issue a limited license to the person for a period of time that is the​ longest of: (1) 90 days; or (2) twice the length of the period specified for that violation in subdivision 2 or​ 2a.​ Subd. 2c. MS 2010 [Repealed, 2010 c 366 s 17]​ Subd. 3. [Repealed, 2002 c 371 art 1 s 64]​ Subd. 4. Penalty. A person who violates a condition or limitation of a limited license issued under​ subdivision 1 or fails to have the license in immediate possession at all times when operating a motor vehicle​ is guilty of a misdemeanor. In addition, except as otherwise provided in the ignition interlock program under​ section 171.306, a person who violates a condition or limitation of a limited license may not operate a motor​ vehicle for the remainder of the period of suspension or revocation, or 30 days, whichever is longer.​ Subd. 5. Exception; criminal vehicular operation. Notwithstanding subdivision 1, the commissioner​ may not issue a limited license to a person whose driver's license has been suspended or revoked due to a​ violation of section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,​ substantial bodily harm, or great bodily harm.​ History: 1959 c 632 s 1; 1971 c 217 s 1; 1971 c 644 s 15; 1978 c 727 s 10; 1982 c 423 s 12; 1984 c​ 622 s 19; 1984 c 655 art 2 s 24; 1986 c 444; 1987 c 136 s 2; 1987 c 171 s 1; 1989 c 307 s 34; 1989 c 321​ s 16; 1991 c 270 s 3-5; 1991 c 333 s 31; 1992 c 570 art 1 s 23; 1992 c 571 art 14 s 12,13; 1993 c 347 s​ 17,18; 1994 c 501 s 10; 1995 c 230 s 10; 1996 c 275 s 11; 1996 c 442 s 22; 1997 c 12 art 3 s 9; 1Sp1997​ c 2 s 56; 1998 c 388 s 30; 1999 c 238 art 2 s 91; 2000 c 478 art 2 s 7; 2002 c 344 s 5; 2005 c 136 art 18 s​ 14; 1Sp2005 c 6 art 3 s 78; 2010 c 366 s 11-13; 2010 c 385 s 11; 2012 c 287 art 4 s 36; 2013 c 117 art 3 s​ 14-16; 2014 c 298 s 3,4; 2017 c 83 art 3 s 18​ 171.302 LICENSE VIOLATIONS; CONSECUTIVE SENTENCING.​ When sentencing an offender for violating section 171.20, subdivision 2; 171.24; or 171.30, the court​ may impose consecutive sentences for offenses arising out of a single course of conduct as permitted in​ section 609.035, subdivision 2.​ History: 1996 c 442 s 23​ 171.305 Subdivision 1. MS 2010 [Repealed, 2010 c 366 s 17]​ Subd. 2. [Expired]​

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Subd. 3. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 4. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 5. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 6. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 7. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 8. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 9. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 10. MS 2010 [Repealed, 2010 c 366 s 17]​

Subd. 11. MS 2010 [Repealed, 2010 c 366 s 17]​ 171.306 IGNITION INTERLOCK DEVICE PROGRAM.​

Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision have the meanings​ given them.​

(b) "Ignition interlock device" or "device" means equipment that is designed to measure breath alcohol​ concentration and to prevent a motor vehicle's ignition from being started by a person whose breath alcohol​ concentration measures 0.02 or higher on the equipment.​

(c) "Location tracking capabilities" means the ability of an electronic or wireless device to identify and​ transmit its geographic location through the operation of the device.​

(d) "Program participant" means a person who has qualified to take part in the ignition interlock program​ under this section, and whose driver's license has been:​

(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision 1, clause (10);​ or 171.177; or​

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section​ 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision​ 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114,​ subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or​ great bodily harm.​

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision​ 22.​

Subd. 2. Performance standards; certification; manufacturer and provider requirements. (a) The​ commissioner shall establish performance standards and a process for certifying devices used in the ignition​ interlock program, except that the commissioner may not establish standards that, directly or indirectly,​ require devices to use or enable location tracking capabilities without a court order.​

(b) The manufacturer of a device must apply annually for certification of the device by submitting the​ form prescribed by the commissioner. The commissioner shall require manufacturers of certified devices​ to:​

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(1) provide device installation, servicing, and monitoring to indigent program participants at a discounted​ rate, according to the standards established by the commissioner; and​ (2) include in an ignition interlock device contract a provision that a program participant who voluntarily​ terminates participation in the program is only liable for servicing and monitoring costs incurred during the​ time the device is installed on the motor vehicle, regardless of whether the term of the contract has expired.​ (c) The manufacturer of a certified device must include with an ignition interlock device contract a​ separate notice to the program participant regarding any location tracking capabilities of the device.​ Subd. 3. Program requirements. (a) The commissioner shall establish guidelines for participation in​ the ignition interlock program. A person who seeks to participate in the program shall sign a written​ acknowledgment that the person has received, reviewed, and agreed to abide by the program guidelines.​ (b) The commissioner must enter a notation on a person's driving record to indicate that the person is a​ program participant.​ (c) A person under the age of 18 years is not eligible to be a program participant.​ (d) A program participant shall pay costs associated with an ignition interlock device on every motor​ vehicle that the participant operates or intends to operate.​ (e) A program participant shall participate in any treatment recommended in a chemical use assessment​ report.​ (f) A program participant shall bring the device-equipped motor vehicle or vehicles operated by the​ program participant to an approved service provider for device calibration and servicing according to the​ schedule established by the commissioner and as indicated by the ignition interlock device.​ (g) The commissioner shall not permit location tracking capabilities on any ignition interlock device to​ be enabled except as provided in this paragraph. The commissioner shall require the activation of location​ tracking capabilities on an ignition interlock device when ordered by a court.​ Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class D driver's license,​ subject to the applicable limitations and restrictions of this section, to a program participant who meets the​ requirements of this section and the program guidelines. The commissioner shall not issue a license unless​ the program participant has provided satisfactory proof that:​ (1) a certified ignition interlock device has been installed on the participant's motor vehicle at an​ installation service center designated by the device's manufacturer; and​ (2) the participant has insurance coverage on the vehicle equipped with the ignition interlock device.​ The commissioner shall require the participant to present an insurance identification card, policy, or written​ statement as proof of insurance coverage, and may require the insurance identification card provided be​ certified by the insurance company to be noncancelable for a period not to exceed 12 months.​ (b) A license issued under authority of this section must contain a restriction prohibiting the program​ participant from driving, operating, or being in physical control of any motor vehicle not equipped with a​ functioning ignition interlock device certified by the commissioner. A participant may drive an​ employer-owned vehicle not equipped with an interlock device while in the normal course and scope of​ employment duties pursuant to the program guidelines established by the commissioner and with the​ employer's written consent.​

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(c) A program participant whose driver's license has been: (1) revoked under section 169A.52, subdivision​ 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph (a), clause (1), (2), or (3); 169A.54,​ subdivision 1, clause (1), (2), (3), or (4); or 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or​ subdivision 5, paragraph (a), clause (1), (2), or (3); or (2) revoked under section 171.17, subdivision 1,​ paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision​ 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision​ 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4),​ resulting in bodily harm, substantial bodily harm, or great bodily harm, where the participant has fewer than​ two qualified prior impaired driving incidents within the past ten years or fewer than three qualified prior​ impaired driving incidents ever; may apply for conditional reinstatement of the driver's license, subject to​ the ignition interlock restriction.​

(d) A program participant whose driver's license has been: (1) revoked, canceled, or denied under section​ 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5),​ or (6); 169A.54, subdivision 1, clause (5), (6), or (7); or 171.177, subdivision 4, paragraph (a), clause (4),​ (5), or (6), or subdivision 5, paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17,​ subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section​ 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3),​ or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item​ (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, where the​ participant has two or more qualified prior impaired driving incidents within the past ten years or three or​ more qualified prior impaired driving incidents ever; may apply for a limited license, subject to the ignition​ interlock restriction, if the program participant is enrolled in a licensed chemical dependency treatment or​ rehabilitation program as recommended in a chemical use assessment, and if the participant meets the other​ applicable requirements of section 171.30. After completing a licensed chemical dependency treatment or​ rehabilitation program and one year of limited license use without violating the ignition interlock restriction,​ the conditions of limited license use, or program guidelines, the participant may apply for conditional​ reinstatement of the driver's license, subject to the ignition interlock restriction. If the program participant's​ ignition interlock device subsequently registers a positive breath alcohol concentration of 0.02 or higher,​ the commissioner shall cancel the driver's license, and the program participant may apply for another limited​ license according to this paragraph.​

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine​ when a program participant is eligible for restoration of full driving privileges, except that the commissioner​ shall not reinstate full driving privileges until the program participant has met all applicable prerequisites​ for reinstatement under section 169A.55 and until the program participant's device has registered no positive​ breath alcohol concentrations of 0.02 or higher during the preceding 90 days.​

Subd. 5. Penalties; program violations. (a) If a program participant tampers with, circumvents, or​ bypasses a device; drives, operates, or exercises physical control over a motor vehicle not equipped with a​ device certified by the commissioner; violates a condition of a limited license issued under subdivision 4​ and section 171.30; or violates the program guidelines of subdivision 3, the commissioner shall extend the​ person's revocation period under section 169A.52, 169A.54, or 171.177 by:​

(1) 180 days for a first violation;​

(2) one year for a second violation; or​

(3) 545 days for a third and each subsequent violation.​

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(b) Notwithstanding paragraph (a), the commissioner may terminate participation in the program by any​ person when, in the commissioner's judgment, termination is necessary to the interests of public safety and​ welfare. In the event of termination, the commissioner shall not reduce the applicable revocation period​ under section 169A.52, 169A.54, or 171.177 by the amount of time during which the person possessed a​ limited or restricted driver's license issued under the authority of subdivision 4.​

Subd. 6. Penalties; tampering. (a) A person who lends, rents, or leases a motor vehicle that is not​ equipped with a functioning ignition interlock device certified by the commissioner to a person with a license​ issued under this section knowing that the person is subject to the ignition interlock restriction is guilty of​ a misdemeanor.​

(b) A person who tampers with, circumvents, or bypasses the ignition interlock device, or assists another​ to tamper with, circumvent, or bypass the device, is guilty of a misdemeanor except when the action was​ taken for emergency purposes or for mechanical repair, and the person limited to the use of an ignition​ interlock device does not operate the motor vehicle while the device is disengaged.​

Subd. 7. Venue. In addition to the provisions of Rule 24 of the Rules of Criminal Procedure and section​ 627.01, a violation of subdivision 6 or section 171.09, subdivision 1, paragraph (g), may be prosecuted in:​

(1) the county in which the vehicle involved in the offense is found;​

(2) the county in which the accused resides;​

(3) any county through which the vehicle traveled in the course of the trip during or after which the​ offense was committed; or​

(4) the county in which the impaired driving incident occurred, which resulted in the accused being​ issued a driver's license with an ignition interlock restriction.​

Subd. 8. Rulemaking. In establishing the performance standards and certification process of subdivision​ 2, the program guidelines of subdivision 3, and any other rules necessary to implement this section, the​ commissioner is subject to chapter 14.​

History: 2007 c 54 art 3 s 5; 2009 c 29 s 2,3; 2010 c 366 s 14; 2012 c 187 art 1 s 26; 2012 c 287 art 4​ s 37; 2012 c 298 s 1; 2013 c 117 art 3 s 17,18; 2014 c 180 s 9; 2014 c 298 s 1,5,6; 2017 c 83 art 1 s 1-4;​ art 3 s 18​

171.31 INFORMATION ON PERSON RECEIVING BLINDNESS BENEFITS.​

The commissioner of public safety, in order to promote highway safety by restricting driving privileges​ to those persons meeting accepted visual acuity standards, may request and shall receive information​ concerning the identity and whereabouts of any person who has applied for or received any type of welfare,​ licensing, or other benefits for the blind or nearly blind, from the records of all departments, boards, bureaus,​ or other agencies of this state except the Department of Revenue, and they shall provide such information​ notwithstanding the provisions of section 268.19 or any other existing law or rule to the contrary, except​ that section 270B.02, subdivision 1, prohibits disclosure of information by the commissioner of revenue.​

History: 1967 c 524 s 1; 1969 c 1129 art 1 s 18; 1984 c 514 art 3 s 1; 1985 c 248 s 70; 1989 c 184 art​ 2 s 7; 1997 c 66 s 79​

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171.32 ACTION UPON INFORMATION RELATING TO BLINDNESS.​

Subdivision 1. Actions by commissioner. The commissioner upon receipt of any such information shall​ take such action as the commissioner deems necessary to insure that each such person meets the accepted​ visual acuity standards required of all driver's license applicants and such further action as required by law​ or rule. The driver's license of any person who has been classified as legally blind shall be immediately​ canceled.​

Subd. 2. Visual acuity examination. Any person who is notified that the person's driver's license may​ be canceled because of a defect of visual acuity pursuant to the provisions of this section may demand and​ shall receive the standard visual acuity examination required of all driver's license applicants, or may be​ examined by a qualified physician of the person's choice.​

Subd. 3. Use of examination data. The results of any visual acuity examination administered because​ of information received pursuant to this section may be communicated by the commissioner to the department​ from which the person received a benefit. The information received by the commissioner pursuant to this​ section must not be divulged or otherwise made known in any manner except in connection with the​ cancellation of drivers' licenses, and then only to the person involved whose license is canceled, and except​ for statistical purposes which do not reveal the identity of the individuals involved. The record of such person​ with respect to visual acuity shall be maintained in the same manner as all other driver's license records.​

History: 1967 c 524 s 2; 1985 c 248 s 70; 1986 c 444​

171.321 QUALIFICATIONS OF SCHOOL BUS AND TYPE III VEHICLE DRIVERS.​

Subdivision 1. Endorsement. No person shall drive a school bus when transporting school children to​ or from school or upon a school-related trip or activity without having a valid class A, class B, or class C​ driver's license with a school bus endorsement except that a person possessing a valid driver's license but​ not a school bus endorsement may drive a type III vehicle or a school bus, subject to the requirements of​ section 171.02, subdivisions 2, 2a, and 2b.​

Subd. 2. Rules. (a) The commissioner of public safety shall prescribe rules governing (1) the physical​ qualifications of school bus drivers and tests required to obtain a school bus endorsement, and (2) the physical​ qualifications of type III vehicle drivers.​

(b) The rules under paragraph (a) must provide that an applicant for a school bus endorsement or renewal​ is exempt from the physical qualifications and medical examination required to operate a school bus upon​ providing evidence of being medically examined and certified within the preceding 24 months as physically​ qualified to operate a commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391,​ subpart E, or rules of the commissioner of transportation incorporating those federal regulations. The​ commissioner shall accept physical examinations for school bus drivers conducted by medical examiners​ authorized as provided by Code of Federal Regulations, title 49, chapter 3, part 391, subpart E.​

(c) The commissioner of public safety, in conjunction with the commissioner of education, shall adopt​ rules prescribing a training program for Head Start bus drivers. The program must provide for initial classroom​ and behind-the-wheel training, and annual in-service training. The program must provide training in defensive​ driving, human relations, emergency and accident procedures, vehicle maintenance, traffic laws, and use of​ safety equipment. The program must provide that the training will be conducted by the contract operator​ for a Head Start agency, the Head Start grantee, a licensed driver training school, or by another person or​ entity approved by both commissioners.​

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(d) The commissioner may exempt a type III vehicle driver from the physical qualifications required to​ operate a type III vehicle upon receiving evidence of the driver having been medically examined and certified​ within the preceding 24 months as physically qualified to operate a commercial motor vehicle as provided​ for applicants for a school bus endorsement under paragraph (b).​ (e) The actions of the commissioner of public safety in establishing physical qualifications for type III​ vehicle drivers are not rulemaking for purposes of chapter 14, are not subject to the Administrative Procedure​ Act contained in chapter 14, and are not subject to section 14.386.​ Subd. 3. Records check of applicant. (a) Before issuing or renewing a school bus endorsement, the​ commissioner shall conduct a criminal history and driver's license records check of the applicant. The​ commissioner may also conduct the check at any time while a person is so licensed. The check must consist​ of a criminal history check of the state criminal records repository and a check of the driver's license records​ system. If the applicant has resided in Minnesota for less than five years, the check must also include a​ national criminal history check. The commissioner shall accept the national criminal history check request​ and the fingerprints of the applicant and is authorized to exchange fingerprints with the Federal Bureau of​ Investigation and request the Federal Bureau of Investigation to conduct a criminal history check. The​ applicant's failure to cooperate with the commissioner in conducting the records check is reasonable cause​ to deny an application or cancel a school bus endorsement. The commissioner may not release the results​ of the records check to any person except the applicant or the applicant's designee in writing.​ (b) The commissioner may issue to an otherwise qualified applicant a temporary school bus endorsement,​ effective for no more than 180 days, upon presentation of (1) an affidavit by the applicant that the applicant​ has not been convicted of a disqualifying offense and (2) a criminal history check from each state of residence​ for the previous five years. The criminal history check may be conducted and prepared by any public or​ private source acceptable to the commissioner. The commissioner may reissue the temporary endorsement​ if the national criminal records repository check is timely submitted but not completed within the 180-day​ period.​ Subd. 4. Training. (a) No person shall drive a class A, B, C, or D school bus when transporting school​ children to or from school or upon a school-related trip or activity without having demonstrated sufficient​ skills and knowledge to transport students in a safe and legal manner.​ (b) A bus driver must have training or experience that allows the driver to meet at least the following​ competencies:​ (1) safely operate the type of school bus the driver will be driving;​ (2) understand student behavior, including issues relating to students with disabilities;​ (3) encourage orderly conduct of students on the bus and handle incidents of misconduct appropriately;​ (4) know and understand relevant laws, rules of the road, and local school bus safety policies;​ (5) handle emergency situations; and​ (6) safely load and unload students.​ (c) The commissioner of public safety shall develop a comprehensive model school bus driver training​ program and model assessments for school bus driver training competencies, which are not subject to chapter​ 14. A school district, nonpublic school, or private contractor may use alternative assessments for bus driver​ training competencies with the approval of the commissioner of public safety. A driver may receive at least​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.321​ MINNESOTA STATUTES 2020​ 98​ eight hours of school bus in-service training any year, as an alternative to being assessed for bus driver​ competencies after the initial year of being assessed for bus driver competencies. The employer shall keep​ the assessment or a record of the in-service training for the current period available for inspection by​ representatives of the commissioner.​ (d) A school district, nonpublic school, or private contractor shall provide in-service training annually​ to each school bus driver.​ Subd. 5. Annual evaluation and license verification. (a) For purposes of this section, "annually" means​ at least once every 380 days from the initial or previous evaluation and at least once every 380 days from​ the initial or previous license verification.​ (b) A school district, nonpublic school, or private contractor shall annually verify with the National​ Driver Register or with the Department of Public Safety the validity of the driver's license of each employee​ who regularly transports students for the district in:​ (1) a type A school bus, a type B school bus, a type C school bus, or type D school bus;​ (2) a multifunction school activity bus; or​ (3) a type III vehicle.​ History: 1971 c 644 s 16; 1975 c 265 s 1; 1985 c 291 s 23; 1987 c 379 s 2; 1989 c 140 s 13; 1990 c​ 529 s 9; 1993 c 57 s 1; 1994 c 483 s 1; 1994 c 603 s 17; 1994 c 647 art 12 s 29-32; 1Sp1995 c 3 art 2 s​ 42-44; art 16 s 13; 1996 c 275 s 12; 1997 c 187 art 3 s 25; 1Sp1997 c 4 art 12 s 31; 2000 c 489 art 6 s​ 33-36; 2001 c 98 s 1; 2002 c 321 s 2; 1Sp2003 c 9 art 1 s 48; art 10 s 13; 2004 c 206 s 29; 2004 c 294 art​ 2 s 31; 2007 c 146 art 8 s 13; 2008 c 350 art 1 s 64; 2009 c 96 art 8 s 12-14; 2010 c 351 s 37,73​ 171.3213 THIRD-PARTY TESTING OF SCHOOL BUS DRIVERS.​ A school district that is a third-party testing program and owns or operates school buses may enter into​ an agreement with other school districts to test the other districts' school bus driver employees. A school​ bus company that is a third-party testing program and owns or operates school buses may enter into an​ agreement with other school bus companies to test the other companies' school bus driver employees. A​ third-party testing program may be reimbursed by the tested driver's school district or company. The agreement​ must be submitted to the commissioner for approval. A certified third-party tester must be employed by a​ school district or a school bus company providing the testing services.​ History: 1Sp2019 c 3 art 3 s 77​ 171.3215 CANCELING BUS ENDORSEMENT FOR CERTAIN OFFENSES.​ Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given​ them.​ (b) "School bus driver" means a person possessing a school bus driver's endorsement on a valid Minnesota​ driver's license or a person possessing a valid Minnesota driver's license who drives a vehicle with a seating​ capacity of ten or less persons used as a school bus.​ (c) "Disqualifying offense" includes (1) any felony offense, (2) any misdemeanor, gross misdemeanor,​ or felony violation of chapter 152, (3) any violation under section 609.3451, 609.746, subdivision 1, 617.23,​ 617.246, 617.247, or 617.293, or (4) while driving, operating, or being in physical control of a school bus​ or a Head Start bus, a violation of section 169A.20 or a similar statute or ordinance from another state.​

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(d) "Head Start bus driver" means a person possessing a valid Minnesota driver's license:​ (1) with a passenger endorsement, who drives a Head Start bus;​ (2) with a school bus driver's endorsement, who drives a Head Start bus; or​ (3) who drives a vehicle with a seating capacity of ten or fewer persons used as a Head Start bus.​ Subd. 2. Cancellation for disqualifying and other offenses. Within ten days of receiving notice under​ section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus driver​ has been convicted of a disqualifying offense, the commissioner shall permanently cancel the school bus​ driver's endorsement on the offender's driver's license and in the case of a nonresident, the driver's privilege​ to operate a school bus in Minnesota. A school bus driver whose endorsement or privilege to operate a school​ bus in Minnesota has been permanently canceled may not apply for reinstatement. Within ten days of​ receiving notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver,​ that a school bus driver has been convicted of a violation of section 169A.20, or a similar statute or ordinance​ from another state, and within ten days of revoking a school bus driver's license under section 169A.52 or​ 171.177, the commissioner shall cancel the school bus driver's endorsement on the offender's driver's license​ or the nonresident's privilege to operate a school bus in Minnesota for five years. After five years, a school​ bus driver may apply to the commissioner for reinstatement. Even after five years, cancellation of a school​ bus driver's endorsement or a nonresident's privilege to operate a school bus in Minnesota for a violation​ under section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance from​ another state, shall remain in effect until the driver provides proof of successful completion of an alcohol​ or controlled substance treatment program. For a first offense, proof of completion is required only if​ treatment was ordered as part of a chemical use assessment. Within ten days of receiving notice under section​ 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has​ been convicted of a fourth moving violation in the last three years, the commissioner shall cancel the school​ bus driver's endorsement on the offender's driver's license or the nonresident's privilege to operate a school​ bus in Minnesota until one year has elapsed since the last conviction. A school bus driver who has no new​ convictions after one year may apply for reinstatement. Upon canceling the offender's school bus driver's​ endorsement, the commissioner shall immediately notify the licensed offender of the cancellation in writing,​ by depositing in the United States post office a notice addressed to the licensed offender at the licensed​ offender's last known address, with postage prepaid thereon.​ Subd. 2a. Cancellation for crime against minor. Within ten days of receiving notice that a Head Start​ bus driver has committed a crime against a minor, the commissioner shall permanently cancel the passenger​ endorsement on the offender's driver's license. Upon canceling the offender's passenger endorsement, the​ commissioner shall immediately notify the licensed offender of the cancellation in writing, by depositing​ in the United States post office a notice addressed to the licensed offender at the licensed offender's last​ known address, with postage prepaid thereon. For purposes of this subdivision, "crime against a minor"​ means an act committed against a minor victim that constitutes a violation of section 609.185, 609.19,​ 609.195, 609.20, 609.205, 609.2112, subdivision 1, 609.2114, subdivision 1, 609.221, 609.222, 609.223,​ 609.342, 609.343, 609.344, 609.345, 609.352 or Minnesota Statutes 2012, section 609.21, subdivision 1a,​ paragraph (a), or a felony violation of section 609.322, 609.324, or 609.377.​ Subd. 3. Background check. Before issuing or renewing a driver's license with a school bus driver's​ endorsement, the commissioner shall conduct an investigation to determine if the applicant has been convicted​ of committing a disqualifying offense, four moving violations in the previous three years, a violation of​ section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor, or if the applicant's​ driver's license has been revoked under section 169A.52 or 171.177. The commissioner shall not issue a​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.3215​ MINNESOTA STATUTES 2020​ 100​ new bus driver's endorsement and shall not renew an existing bus driver's endorsement if the applicant has​ been convicted of committing a disqualifying offense. The commissioner shall not issue a new bus driver's​ endorsement and shall not renew an existing bus driver's endorsement if, within the previous five years, the​ applicant has been convicted of committing a violation of section 169A.20, or a similar statute or ordinance​ from another state, a gross misdemeanor, or if the applicant's driver's license has been revoked under section​ 169A.52 or 171.177, or if, within the previous three years, the applicant has been convicted of four moving​ violations. An applicant who has been convicted of violating section 169A.20, or a similar statute or ordinance​ from another state, or who has had a license revocation under section 169A.52 or 171.177 within the previous​ ten years must show proof of successful completion of an alcohol or controlled substance treatment program​ in order to receive a bus driver's endorsement. For a first offense, proof of completion is required only if​ treatment was ordered as part of a chemical use assessment. A school district or contractor that employs a​ nonresident school bus driver must conduct a background check of the employee's driving record and criminal​ history in both Minnesota and the driver's state of residence. Convictions for disqualifying offenses, gross​ misdemeanors, a fourth moving violation within the previous three years, or violations of section 169A.20,​ or a similar statute or ordinance in another state, must be reported to the Department of Public Safety.​

Subd. 4. Waiver of permanent cancellation. (a) The commissioner of public safety or the commissioner's​ designee, in consultation with the Division of Driver and Vehicle Services, may waive the permanent​ cancellation requirement of this section for a person convicted of a misdemeanor, a gross misdemeanor, a​ nonfelony violation of chapter 152, or a felony that is not a violent crime under section 609.1095.​

(b) After notice to the requesting school district and contract provider of school bus transportation, the​ commissioner may waive the permanent cancellation requirement after ten years have elapsed since the​ person was convicted of a violation of section 609.582, subdivision 2, 3, or 4.​

History: 1991 c 265 art 9 s 60; 1994 c 603 s 18; 1994 c 647 art 12 s 33; 1Sp1995 c 3 art 2 s 45-47;​ 1Sp1997 c 4 art 12 s 32; 1998 c 367 art 2 s 32; art 6 s 15; 1999 c 241 art 9 s 42,43; 2000 c 478 art 2 s 7;​ 2001 c 25 s 1; 2007 c 54 art 3 s 14; 2014 c 180 s 9; 2017 c 83 art 3 s 18​

171.3216 ACTIONS ON SCHOOL BUS ENDORSEMENT.​

In addition to any authority granted under section 171.3215, the commissioner may cancel a school bus​ driver's endorsement on a driver's license of any person if the commissioner determines that the person has​ (1) been convicted of a gross misdemeanor that the commissioner determines shows evidence that the person​ represents a risk to public safety, or (2) been convicted of a series of violations of law that the commissioner​ determines shows evidence that the person represents a risk to public safety. Upon canceling the offender's​ school bus driver's endorsement, the commissioner shall immediately notify the offender of the cancellation​ in writing, by depositing in the United States post office a notice, with postage prepaid, to the offender​ addressed to the offender's last known address.​

History: 2002 c 364 s 19​

171.322 AGE LIMIT FOR OPERATOR OF VEHICLE FOR HIRE.​

No person under 18 years of age shall operate a motor vehicle while it is in use as a carrier of persons​ for hire, nor shall any person under 18 years of age drive a passenger carrying vehicle as a hired driver.​

History: 1971 c 644 s 16​

171.323 [Repealed, 1993 c 142 s 4]​

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171.324 HAZARDOUS MATERIALS ENDORSEMENT BACKGROUND CHECKS.​

Subdivision 1. Endorsement; fee; account; appropriation. (a) Before being issued or renewing a class​ C, class B, or class A driver's license with a hazardous materials endorsement, an applicant must comply​ with the federal regulations incorporated in this section.​

(b) The commissioner may charge the applicant a fee of up to $100 to cover the department's actual​ costs of conducting the required background check of persons applying for a Minnesota driver's license with​ a hazardous materials endorsement. The proceeds of the fee must be deposited in an account in the special​ revenue fund. Money in the account is annually appropriated to the commissioner to pay the actual costs​ associated with conducting the required background checks.​

Subd. 2. Adoption of federal regulations. Public Law 107-56, section 1012, as implemented in Code​ of Federal Regulations, title 49, part 1572, is incorporated by reference except for sections 1572.9 and​ 1572.11.​

Subd. 3. Rules. The commissioner may adopt rules pursuant to section 14.388, subdivision 1, clause​ (1), in order to implement this section.​

History: 2004 c 295 art 1 s 14​

DRIVER TRAINING SCHOOLS​

171.33 DRIVER TRAINING SCHOOL; DEFINITIONS.​

Subdivision 1. Commercial driver training school or school. "Commercial driver training school" or​ "school" means a business enterprise conducted by an individual, association, partnership, or corporation,​ which charges a fee, for the education and training of persons to drive motor vehicles or for the preparation​ of an applicant for a driver's license examination given by the state.​

Subd. 2. Instructor. "Instructor" means any person, whether acting as operator of a commercial driver​ training school or as an employee of any such school, who teaches or supervises persons learning to drive​ motor vehicles or preparing to take an examination for a driver's license, and any person who supervises the​ work of any other instructor.​

Subd. 3. Commissioner. "Commissioner" means the commissioner of public safety.​

History: 1967 c 880 s 1; 1969 c 1129 art 1 s 18; 1986 c 444​

171.335 MOTORCYCLE SAFETY EDUCATION PROGRAM.​

Subdivision 1. Established; administration; rules. A motorcycle safety education program is established.​ The program shall be administered by the commissioner of public safety. The program shall include but is​ not limited to training and coordination of motorcycle safety instructors, motorcycle safety promotion and​ public information, and reimbursement for the cost of approved courses offered by schools and organizations.​

Subd. 2. Reimbursements. The commissioner of public safety, to the extent that funds are available,​ may reimburse schools and other approved organizations offering approved motorcycle safety education​ courses for up to 50 percent of the actual cost of the courses. If sufficient funds are not available,​ reimbursements shall be prorated. The commissioner may conduct audits and otherwise examine the records​ and accounts of schools and approved organizations offering the courses to insure the accuracy of the costs.​

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Subd. 3. Appropriation. (a) All funds in the motorcycle safety fund created by section 171.06, subdivision​ 2a, are hereby annually appropriated to the commissioner of public safety to carry out the purposes of​ subdivisions 1 and 2.​ (b) Of the money appropriated under paragraph (a):​ (1) not more than five percent shall be expended to defray the administrative costs of carrying out the​ purposes of subdivisions 1 and 2; and​ (2) not more than 65 percent shall be expended for the combined purpose of training and coordinating​ the activities of motorcycle safety instructors and making reimbursements to schools and other approved​ organizations.​ History: 1982 c 583 s 3; 1986 c 444; 1988 c 715 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 329 s 1; 1998 c​ 397 art 4 s 51; 1999 c 238 art 2 s 1; 2003 c 130 s 12; 2014 c 272 art 8 s 1,3​ 171.34 LICENSE FOR SCHOOL REQUIRED.​

No commercial driver training school shall be established or operated after January 1, 1968, unless such​ school has applied for and obtained a license from the commissioner. The commissioner shall issue or adopt​ rules governing the requirements for a license, which may include requirements concerning location,​ equipment, courses of instruction, previous records of the school and instructors, financial statements, filing​ of schedule of maximum fees and charges, character and reputation of the instructors, insurance in such sum​ and with such provisions as the commissioner deems necessary to protect the interests of the public, and​ such other matters as the commissioner may prescribe, but the applicant shall not be required to have qualified​ for a teacher's certificate as required in the public school system.​ History: 1967 c 880 s 2; 1985 c 248 s 70​ 171.35 LICENSE FOR INSTRUCTOR REQUIRED.​

Subdivision 1. Licensure required. No person shall act as an instructor after January 1, 1968, unless​ such person has applied for and obtained a license from the commissioner. The commissioner shall issue or​ adopt rules governing the requirements for an instructor's license, which may include requirements concerning​ moral character, physical condition, knowledge of the courses of instruction and of motor vehicle laws and​ safety principles and practices, previous personnel and employment records, teaching experience and​ qualifications, and such other matters as the commissioner may prescribe, but the applicant shall not be​ required to have qualified for a teacher's certificate as required in the public school system.​ Subd. 2. Records check for instructor applicant. (a) Before issuing a driving instructor license, the​ commissioner shall conduct a criminal history and driver's license records check of the applicant. The​ commissioner may also conduct the check at any time while a person is so licensed. The check must consist​ of a criminal history check of the state criminal records repository, a national criminal history check, and a​ check of the driver's license records system. The commissioner shall accept the applicant's signed informed​ consent form for the national criminal history check request, fingerprints, and required fees. The commissioner​ shall submit the applicant's signed informed consent form, fingerprints, and fees to the superintendent of​ the Bureau of Criminal Apprehension, who is authorized to exchange the fingerprints with the Federal​ Bureau of Investigation to obtain the applicant's national criminal history record information. The​ superintendent shall also retrieve Minnesota criminal history data and provide the results of both checks to​ the commissioner. Using the criminal history data provided by the superintendent, the commissioner shall​ determine whether the applicant is disqualified from licensure. The applicant's failure to cooperate with the​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 103​ MINNESOTA STATUTES 2020​ 171.39​ commissioner in conducting the records check is reasonable cause to deny an application or suspend a driving​ instructor license.​

(b) The commissioner may issue to an otherwise qualified applicant a temporary driving instructor​ license, effective for no more than 180 days, upon presentation of (1) an affidavit by the applicant that the​ applicant has not been convicted of a gross misdemeanor or felony, and (2) a criminal history check from​ each state of residence. The criminal history check may be conducted and prepared by any public or private​ source acceptable to the commissioner. The commissioner may reissue the temporary endorsement if the​ national criminal records repository check is timely submitted but not completed within the 180-day period.​

History: 1967 c 880 s 3; 1985 c 248 s 70; 2016 c 113 s 1​ 171.36 LICENSE FEES; RENEWAL.​

All licenses expire one year from the date of issuance and may be renewed upon application to the​ commissioner. Each application for an original or renewal school license must be accompanied by a fee of​ $150 and each application for an original or renewal instructor's license must be accompanied by a fee of​ $50. The license fees collected under sections 171.33 to 171.41 must be paid into the driver services operating​ account in the special revenue fund specified under section 299A.705. A license fee must not be refunded​ in the event that the license is rejected or revoked.​

History: 1967 c 880 s 4; 1981 c 357 s 65; 1982 c 424 s 43; 1Sp2005 c 6 art 2 s 45​ 171.37 INSPECTION AND EXAMINATION.​

The commissioner or an authorized representative shall inspect the school facilities and equipment of​ applicants and licensees and shall examine applicants for instructor's licenses. The commissioner shall issue​ or adopt such rules and do all things necessary and proper to accomplish the purposes of this section.​

History: 1967 c 880 s 5; 1985 c 248 s 70; 1986 c 444​ 171.38 SCHOOL OR INSTRUCTOR LICENSE DENIAL OR REVOCATION.​

The commissioner may revoke or refuse to issue or renew a school or instructor's license in any case​ on finding that the applicant or licensee has not complied with, or has violated any of the provisions of​ sections 171.33 to 171.41 or any rule issued or adopted pursuant thereto. Any revoked license shall be​ returned to the commissioner by the licensee, and its holder cannot apply for a new license for a period as​ determined by the commissioner not to exceed one year from the date of such revocation.​

History: 1967 c 880 s 6; 1985 c 248 s 70; 1986 c 444​ 171.39 EXEMPTIONS.​

(a) The provisions of sections 171.33 to 171.41 do not apply to any person giving driver training lessons​ without charge; to employers maintaining driver training schools without charge for their employees only;​ to a home school within the meaning of sections 120A.22 and 120A.24; or to schools or classes conducted​ by colleges, universities, and high schools as a part of the normal program for those institutions.​

(b) Any person who is a certificated driver training instructor in a high school driver training program​ may give driver training instruction to persons over the age of 18 without acquiring a driver training school​ license or instructor's license, and those instructors may make a charge for that instruction, if there is no​ private commercial driver training school licensed under sections 171.33 to 171.41 within ten miles of the​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.39​ MINNESOTA STATUTES 2020​ 104​ municipality where driver training instruction is given and there is no adult drivers training program in effect​ in the schools of the school district in which the trainee resides.​ History: 1967 c 880 s 7; 1969 c 6 s 29; 1998 c 388 s 29; 1999 c 238 art 2 s 28; 1Sp2001 c 8 art 2 s 49​ 171.40 DRIVER TRAINING SCHOOL VIOLATION; PETTY MISDEMEANOR.​ A violation of any provision of sections 171.33 to 171.41 or any rule issued or adopted pursuant thereto​ shall be a petty misdemeanor.​ History: 1967 c 880 s 8; 1969 c 6 s 30; Ex1971 c 27 s 27; 1985 c 248 s 70​ 171.41 COOPERATION OF STATE AGENCIES.​ The commissioner shall request and receive the assistance of other state departments and agencies in​ establishing rules pursuant to sections 171.33 to 171.41.​ History: 1967 c 880 s 9; 1985 c 248 s 70​

DRIVER LICENSE COMPACT​ 171.50 DRIVER LICENSE COMPACT.​ The Driver License Compact is enacted into law and entered into with all other jurisdictions legally​ joining in it, in the form substantially as follows:​ DRIVER LICENSE COMPACT​ ARTICLE I​ Findings and Declaration of Policy​ (a) The party states find that:​ (1) The safety of their streets and highways is materially affected by the degree of compliance with state​ and local ordinances relating to the operation of motor vehicles.​ (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely​ to endanger the safety of persons and property.​ (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances​ relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.​ (b) It is the policy of each of the party states to:​ (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to​ the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive​ motor vehicles.​ (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable​ by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and​ regulations as a condition precedent to the continuance or issuance of any license by reason of which the​ licensee is authorized or permitted to operate a motor vehicle in any of the party states.​ ARTICLE II​

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Definitions​

As used in this compact:​

(a) "State" means a state, territory, or possession of the United States, the District of Columbia, or the​ Commonwealth of Puerto Rico.​

(b) "Home state" means the state which has issued and has the power to suspend or revoke the use of​ the license or permit to operate a motor vehicle.​

(c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle​ which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture​ of bail, bond, or other security deposited to secure appearance by a person charged with having committed​ any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.​

ARTICLE III​

Reports of Convictions​

The licensing authority of a party state shall report each conviction of a person from another party state​ occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall​ clearly identify the person convicted; describe the violation specifying the section of the statute, code, or​ ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not​ guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall​ include any special findings made in connection therewith.​

ARTICLE IV​

Effect of Conviction​

(a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation​ of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to​ article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions​ for:​

(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;​

(2) driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug, or under​ the influence of any other drug to a degree which renders the driver incapable of safely driving a motor​ vehicle;​

(3) any felony in the commission of which a motor vehicle is used;​

(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal​ injury of another.​

(b) As to other convictions, reported pursuant to article III, the licensing authority in the home state​ shall give such effect to the conduct as provided by the laws of the home state.​

(c) If the laws of a party state do not provide for offenses or violations denominated or described in​ precisely the words employed in subdivision (a) of this article, such party state shall construe the​ denominations and descriptions appearing in the subdivision (a) hereof as being applicable to and identifying​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.50​ MINNESOTA STATUTES 2020​ 106​ those offenses or violations of a substantially similar nature and the laws of such party state shall contain​ such provisions as may be necessary to ensure that full force and effect is given to this article.​ ARTICLE V​ Applications for New Licenses​ Upon application for a license to drive, the licensing authority in a party state shall ascertain whether​ the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing​ authority in the state where application is made shall not issue a license to drive to the applicant if:​ (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in​ part, of a violation and if such suspension period has not terminated.​ (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part,​ of a violation and if such revocation has not terminated, except that after the expiration of one year from​ the date the license was revoked, such person may make application for a new license if permitted by law.​ The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing​ authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle​ on the public highways.​ (3) The applicant is the holder of a license to drive issued by another party state and currently in force​ unless the applicant surrenders such license.​ ARTICLE VI​ Applicability of Other Laws​ Except as expressly required by provisions of this compact, nothing contained herein shall be construed​ to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person​ or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement​ between a party state and a nonparty state.​ ARTICLE VII​ Compact Administrator and Interchange of Information​ (a) The head of the licensing authority of each party state shall be the administrator of this compact for​ the state. The administrators, acting jointly, shall have the power to formulate all necessary and proper​ procedures for the exchange of information under this compact.​ (b) The administrator of each party state shall furnish to the administrator of each other party state any​ information or documents reasonably necessary to facilitate the administration of this compact.​ ARTICLE VIII​ Entry Into Force and Withdrawal​ (a) This compact shall enter into force and become effective as to any state when it has enacted the same​ into law.​ (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no​ such withdrawal shall take effect until six months after the executive head of the withdrawing state has given​ notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the​

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ARTICLE IX​

Construction and Severability​

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this​ compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to​ be contrary to the constitution of any party state or of the United States, or the applicability thereof to any​ government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact​ and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.​ If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain​ in full force and effect as to the remaining states and in full force and effect as to the state affected as to all​ severable matters.​

History: 1989 c 307 s 35​

171.51 DEFINITIONS.​

Subdivision 1. Executive head. For purposes of sections 171.50 to 171.56, with reference to this state,​ the term "executive head" means the governor of Minnesota.​

Subd. 2. Licensing authority. For purposes of sections 171.50 to 171.56, the term "licensing authority"​ with reference to this state means the Driver's License Division of the Minnesota Department of Public​ Safety.​

History: 1989 c 307 s 36​

171.52 TRANSFER OF INFORMATION.​

The licensing authority shall furnish to the appropriate authorities of any other party state information​ or documents reasonably necessary to facilitate the administration of section 171.50, articles III, IV, and V.​

History: 1989 c 307 s 37​

171.53 COMPACT ADMINISTRATOR.​

The compact administrator provided for in section 171.50, article VII, is not entitled to additional​ compensation on account of service as administrator, but is entitled to expenses incurred in connection with​ the duties and responsibilities as administrator, in the same manner as for expenses incurred in connection​ with other duties or responsibilities of employment. The compact administrator shall represent this state or​ shall appoint a representative for this state in the Driver License Compact Commission, and that commission​ has the authority to formulate procedures for exchanging information, as provided in section 171.50, article​ VII.​

History: 1989 c 307 s 38​

171.54 REPORTING TO LICENSING AUTHORITY.​

A court or other agency or political subdivision of this state, that has jurisdiction to take action regarding​ the suspension, revocation, cancellation, or other limitation of a license to drive, shall promptly report the​

Official Publication of the State of Minnesota​ Revisor of Statutes​ 171.54​ MINNESOTA STATUTES 2020​ 108​ action and the circumstances upon which it is based to the licensing authority on forms furnished by the​ department.​ History: 1989 c 307 s 39​ 171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.​ The commissioner shall give the same effect for driver licensing purposes to conduct reported from a​ licensing authority or court in another state or province or territory of Canada that the commissioner would​ give to conduct reported from a court or other agency of this state, whether or not the other state or province​ or territory of Canada is a party to the Driver License Compact in section 171.50. The conduct to be given​ effect by the commissioner includes a report of conviction for an offense enumerated in section 171.50,​ article IV, or an offense described in sections 171.17 and 171.18.​ History: 1989 c 307 s 40; 2007 c 54 art 3 s 6​ 171.56 FILING OF BYLAWS AND AMENDMENTS.​ The Driver License Compact Commission shall file a copy of its bylaws and amendments to the bylaws​ with the Minnesota secretary of state.​ History: 1989 c 307 s 41​

MISCELLANEOUS​

171.60 MOTORCYCLE ROAD GUARD CERTIFICATE.​ Subdivision 1. Certificate required. No person may perform traffic control as a motorcycle road guard​ as provided under chapter 169 without a valid motorcycle road guard certificate issued by the commissioner.​ Subd. 2. Certification qualifications and standards. Through the Minnesota Motorcycle Safety Center,​ the commissioner of public safety shall:​ (1) establish qualifications and requirements for a person to obtain a motorcycle road guard certificate​ under this section, which must include:​ (i) a minimum 18 years of age;​ (ii) possession of a valid driver's license; and​ (iii) successful completion of a motorcycle road guard certification course;​ (2) develop and offer, whether by the Minnesota Motorcycle Safety Center or authorized agents, a​ motorcycle road guard certification course; and​ (3) establish safety and equipment standards for a person who operates under a motorcycle road guard​ certificate, including but not limited to specifying requirements for a reflective safety vest.​ Subd. 3. Fee. The commissioner of public safety shall assess a fee for each applicant for a motorcycle​ road guard certificate, calculated to cover the commissioner's cost of establishing and administering the​ program.​ Subd. 4. Penalty. A person who violates any provision of this section is guilty of a petty misdemeanor.​

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Subd. 5. Rulemaking. The commissioner of public safety shall adopt rules to carry out the provisions​ of this section. Notwithstanding section 16A.1283, the rules must specify the fee to be assessed under​ subdivision 3.​ History: 2012 c 287 art 3 s 43​

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